Minotaur Financial Services Limited Data Protection & Retention Policies
Karl O’Daly is authorised to carry on practice by the insolvency service of Ireland as a Personal Insolvency Practitioner. Karl O’Daly trades as Minotaur Financial Services Limited. These policies apply to the processing of your Data by any Employee of Minotaur Financial Services Limited.
To engage our services at the outset by signing the Data Consent and 3rd Party authority you will consent to them in assisting to collect and process your Data for the provision of any of our services.
We are strictly only providing Insolvency & Bankruptcy Services . We may outsource some activities to third parties to facilitate the provision of services to you. At present we do so for Data Controller services and monitoring/management of PIA/DSA accounts.
The purpose of which is to enable us to provide services to you and we can only do so once we have all the relevant information collected from you. Unfortunately, we are required by law to obtain significant financial information from you so that we can correctly ascertain your financial position.
- You have a Right to Information this is set out in the Data Protection Act 2018.
- You have the Right of Access to information we hold on your this will be including a description of—
(I) the purpose of, and the legal basis for, the processing,
(II) the categories of personal data concerned,
(III) the recipients or categories of recipients to whom the personal data concerned have been disclosed, and
(IV) the period for which the personal data concerned will be retained, or where it is not possible to determine the said period at the time of the giving of the information, the criteria used to determine the said period;
(ii) information detailing the right of the data subject to request from the controller the rectification or erasure of the personal data concerned;
(iii) information detailing the right of the data subject to lodge a complaint with the Commission and the contact details of the Commission;
(iv) a communication of the personal data concerned;
(v) any available information as to the origin of the personal data concerned, unless the communication of that information is contrary to the public interest.
vi) the legal basis under which we will process your Data in Section 93 2 (f) (g)) of the Personal Insolvency Act 2012 -2015
3. You have the Right to rectification or erasure and restriction of processing.
(i) If you withdraw your consent to process your personal data, we will have to terminate your application and our services to you.
Our Commitment to you
We commit to the following processing of your Data in accordance with the Data Protection Act 2018
(a) the data shall be processed lawfully and fairly;
(b) the data shall be collected for one or more specified, explicit and legitimate purposes and shall not be processed in a manner that is incompatible with such purposes;
(c) the data shall be adequate, relevant and not excessive in relation to the purposes for which they are processed;
(d) the data shall be accurate, and, where necessary, kept up to date, and every reasonable step shall be taken to ensure that data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
(e) the data shall be kept in a form that permits the identification of a data subject for no longer than is necessary for the purposes for which the data are processed;
(f) the data shall be processed in a manner that ensures appropriate security of the data, including, by the implementation of appropriate technical or organisational measures, protection against—
(i) unauthorised or unlawful processing, and
(ii) accidental loss, destruction or damage.
(g) we shall respond to your right to information, rectification or erasure of information within a month of receipt of your request
Where the processing of personal data is to be carried out based on the consent of the data subject the processing shall be lawful only where, and to the extent that—
(a) having been informed of the intended purpose of the processing and the identity of the controller, the data subject gives his or her consent freely and explicitly,
(b) the request for consent is expressed in clear and plain language, and where such consent is given in the context of a written statement that also concerns other matters, the request for consent is presented to the data subject in a manner that is clearly distinguishable from those other matters, and
(c) the data subject may withdraw his or her consent at any time, and he or she shall be informed of this possibility prior to giving consent.
Storage of your Data / Data Retention
Your Data will be Stored on a secure database in secure folders to include One Drive and Dropbox. Your data will also be backed up on an external Hard Disk Drive. It is expected that your Data will also be stored within Vision Blues software which will be the software we deploy to actively manage your case as needs be.
Your Data will also be stored in a secured physical file in a locked premises. From time to time if we are in the processing of creating advices or a proposal for you, we may hold a copy of the physical file in the PIPs home. This is to facilitate the PIP to work from home.
We are required under Section 170 of the Personal Insolvency Act 2012-2015 to retain your information, data and records for a period of 6 years 6 years after the completion of the activity to which the record relates if we are appointed to act for you.
At that point any physical copies of data will be returned to you by ordinary post or will be shredded securely depending on your preference.
Notwithstanding Section 170 of the Personal Insolvency Acts , the company adopts a higher standard in ourr policies. It is company policy to retain all data and records in relation to you for 6 years at the cessation of the relationship once we provide written advice to you in relation to your financial affairs in accordance with section 52 of the Act or assistance with Bankruptcy Services and/or petition..
Should you send us your information in an enquiry or as part of a process in gathering background information using our case management system or any other means that data may not be retained in the following circumstances;
- where the required information has not been provided in full as requested
- no meeting has taken place and will not take place,as required under the act
- or the relationship or proposed engagement terminated by either party.
In such circumstances we reserve the right to delete your records from our systems and tools.
In cases of Disaster Recovery and to ensure business continuity if your file is still active it may be held at the Directors home. This would not be a regular occurrence.
Data Protection Officer & Data Protection
Minotaur Financial Services Data Protection Officer is Daniel Lannon of Financial Mediation Solutions Limited.
We are currently using an up to date virus and anti-spyware screening software on our computer’s hard drive. Our system is also protected by a firewall.
Policy entering into a Debt Settlement Arrangement or PIA
Pursuant with the Data Protection Act 2018 we will collate data from you to both assess and process an arrangement under the Personal Insolvency Acts 2012 to 2015.
To process this application, you are required to give your consent under Sections 93 (2) (F) (G) of that legislation.
The data will be collected from you to assess your finances, provide written advice under section 52 of the act and determine eligibility to enter into an arrangement. Any data you provide will also be analysed in determining “Proof of Debt” in accordance with the First Schedule of the Bankruptcy Act 1988.
Our files may be subject to inspection by the Insolvency Service of Ireland, by a professional body or other regulators. We will provide officials and representatives of such bodies with information and explanations that they may reasonably require in accordance with their rights and powers. Such inspectors will normally be bound by the same requirements for confidentiality as our firm and staff.
Specifically, you are providing consent to the debtor’s written consent to enable Minotaur Financial Services Limited provide
(i) the disclosure to the Insolvency Service,
(ii) the processing by the Insolvency Service, and
(iii) the disclosure by the Insolvency Service to creditors of the debtor concerned,
(iv) the disclosure by Minotaur Financial Services to creditors of the debtor concerned
(v) in the event of any appeal to the Legal Aid Board for the provision of legal services of personal data of that debtor, to the extent necessary in respect of the Personal Insolvency Arrangement procedure.
Policy Concerning Advice using Abhaile voucher
If you wish to avail of our services using an “Abhaile” voucher we will collate information regarding your Financial Expenditure from the information which you will provide. The purpose of this is to consider your eligibility for a Personal Insolvency Arrangement and your entitlement to avail of the scheme. This is mandatory requirement by MABs to use the Abhaile scheme. We will need to retain the requested documentation on file to show that we have correctly captured your information and for audit purposes.
In the case of provision of advice if you are using an Abhaile voucher your Data will be shared with Money Advice and Budgeting Service (“MABS”) & the Insolvency Service of Ireland.
The reason for this is that Minotaur Financial Services Limited have reporting requirements to both MABs and the Insolvency Service of Ireland as part of the Abhaile Scheme.
You will be provided the option of Consent to Contact from the Insolvency Service of Ireland with respect to the usage of your voucher. They want to find out how effectively the scheme is working for borrowers and check if you received the best available support. It is totally up to you if you opt in or out of this contact. Your mark your consent or not by ticking the appropriate box.
In addition, as part of the Abhaile scheme we a required to hold a meeting with the borrower, in accordance with section 49 of the PI Act.
You will commit to provide the following information/ data as may be prescribed in relation to—
(I) Your creditors,
(ii) Your debts and other liabilities,
(iii) Your assets, and
(iv) Your guarantees (if any) given by the debtor in respect of a debt of another person.
Based on the data you provide we will formulate a number of options to address your financial difficulties.
We may use the information you provide to communicate and engage with your creditors to achieve a resolution to your Financial difficulties within a PIA or DSA as appropriate.
Policy Concerning Advice not using Abhaile voucher
If you are paying us directly for the provision of advice your data may or may not be shared with any other 3rd party. The sharing of your data to any party who is not a Creditor nor the Insolvency Service of Ireland will be discussed in advance with you and you will be required to sign a 3rd party Letter of Authority.
Policy where no Consent
If you do not consent to our Data Policies the relationship will be terminated.
3rd Floor Ormond Building,
31-36 Ormond Quay Upper,
Dublin 7, D07 EE48
Phone: 01 526 6705