Privacy: The Insolvency Service Adjudicator

This service is run by the Insolvency Service. We'll handle the information you give to us according to the provisions of the Data Protection Act 1998 and the details of the adjudicator’s functions registered with the Information Commissioners Office (ICO).

The adjudicator is a data controller for the purposes of the Data Protection Act 1998 and is registered to process the personal data you enter when completing your application.

Most of the information the adjudicator will hold about you will come from information you have given them. You’ll already know this personal information, but you can check if it’s accurate by sending a completed subject access request(MS Word Document, 145KB) to foi@insolvency.gov.uk.

You’ll receive within 40 days.

If your information is incorrect and is likely to cause any issues, you should write to the FOI/DPA team with details on what needs to be updated.

FOI/DPA,
Technical Section,
The Insolvency Service,
1 City Walk,
Leeds
LS11 9DA

If your bankruptcy is successful, the adjudicator will pass your information to the official receiver (OR). The OR will use this information to manage your bankruptcy. Further information on how the Insolvency Service and the official receiver treat your personal information can be found in the Insolvency Service personal information charter.

How we use your data

When you use our online service, the personal information you give to us will be used:

to assess and make a decision about your bankruptcy application
to manage your bankruptcy if your application is successful
to list your bankruptcy in the Individual Insolvency Register and the London Gazette
so we can contact you regarding your application or bankruptcy
so we can contact you to help us improve our service

We may also use the information you include in your bankruptcy application about organisations and individuals to contact them as required to manage your bankruptcy. For example, we will need to contact your creditors using the details you provided to make them aware that you are bankrupt.

Please note that the Insolvency Service can't provide legal or financial advice. You should seek this from a Citizen's Advice Bureau, a solicitor, a qualified accountant, an authorised insolvency practitioner, reputable financial advisor or advice centre.

Storing your data

Your data will be stored securely within the European Economic Area (EEA) while you complete your application and while your application is being considered. A copy of your information will then be transferred to the Insolvency Service's long term records, where it will be stored securely and used only as allowed by the Insolvency Act 1986.

We may share the information in your application with your creditors, their representatives, government departments, agencies, organisations or individuals if we're required to do so by law. For example, we will share your personal details with an insolvency practitioner should one be appointed as your trustee instead of the official receiver.

We’ll never share your information with other organisations for marketing, market research or commercial purposes, and we don’t pass on your personal information to any other websites.

Online payments

If you choose to pay the application fee online, you will be directed to our payment partner, WorldPay, for the payment to be processed. The details you give them will be encrypted in line with the Payment Card Industry Data Security Standard (PCI-DSS).

The Insolvency Service won’t store any of your payment card details and isn't liable for any information you enter into WorldPay’s pages. To pay online you must abide by WorldPay’s terms and conditions, which you can read here along with some frequently, asked questions:

Credit search

When you submit your application, the adjudicator will run a credit search on you with the credit reference agency Equifax. The adjudicator uses this search to check that the information in your application is correct, not to find out your credit score. The search won’t affect your credit rating.

Equifax will keep a record of the search for 12 months. This also won’t affect your credit rating. You can find information about and contact details for Equifax at www.equifax.co.uk.

If your bankruptcy application is successful, your credit search results will be passed to the Insolvency Service official receiver. The official receiver is an officer of the court who will manage your bankruptcy. Your credit search results won’t be shared with anyone outside the Insolvency Service.