The Central Bank of Ireland’s revised fitness and probity regime may trigger a new registration requirement for certain companies in the (re)insurance sector with the Office of the Data Protection Commissioner (“ODPC”). Those companies that are already registered may need to revise existing registrations.
Insurance companies and most reinsurance companies are already required to register with the ODPC as data controllers. Other companies operating as data processors in the insurance sector (such as brokers, claims handlers, administrators and other service providers) are already required to register with the ODPC as data processors. It is primarily in relation to the latter category (i.e. the data processors) where the new registration requirement arises, though reinsurance companies not previously registered will now need to reconsider the matter.
Companies previously registered only as data processors (in respect of data they process on behalf of insurance companies such as details of insured persons and their claims), and reinsurance companies that are not yet registered as data controllers, will now also need to register as data controllers. This registration will be in respect of the personal data of directors, managers and other employees that they control, process and store for the purpose of complying with the new fitness and probity regime. The ODPC has clarified that a previous registration exemption relating to HR data processed in the ordinary course of personnel administration does not apply to data being processed for the revised fitness and probity regime.
For those that are already registered, a review of their data protection registration should be conducted. This review should ensure that their register entry reflects the data now processed and the new purpose for such processing.
All companies processing personal information for the purposes of compliance with the revised fitness and probity regime should bear in mind that the normal data protection rules will still apply to the collection and processing of such data. Businesses should be careful to process only those data which are necessary for the purposes of complying with the regime. They should also ensure that all technical and organisational security measures for the protection of personal data are subject to ongoing review.
Contributed by John Magee.