Since the GDPR came into force on 25 May 2018 we have had a lot of queries from IPs seeking clarification of the inclusion of employee and consumer creditor details on the statement of affairs that is circulated to creditors. There has been a lot of concern that to do so, despite the Insolvency Rules saying you should, is contrary to GDPR.
The Insolvency Service has now clarified the position in Dear IP 82. You can access a copy of Dear IP 82 here.
The Insolvency Service view is that a fully completed statement of affairs should be circulated to creditors. However the Insolvency Service does state that IPs should use their discretion on those cases where it might not be appropriate to include the individuals’ details in the statement of affairs. We would expect to see such discretion being used on a case by case basis and the reasoned rationale for the exclusion documented on file. We would not expect IPs to adopt a blanket approach on all cases.