Data Protection Act
Data Access Request

Statement on Data Protection

The Financial Services Commission is exempted by Section 19 of the Data Protection Act 2004 (the “Act”) from many of the provisions of the Act which includes the Obligation to Register, Principles for data quality and security, information to be given to data subjects, data subject’s access and rectification of data (sections 24, 6, 10, 14 and 15 of the Act). However, to the maximum extent possible, the FSC will follow the obligations imposed by the Act unless it considers that compliance would be likely to prejudice the proper discharge of its functions or prejudice its purposes.

Data Controller

Financial Services Commission
PO Box 940,
Suite 943 Europort,
Gibraltar.

Purposes for which data is collected and processed

The Financial Services Commission (FSC) is under a statutory obligation to ensure that those persons who exercise control or significant influence or control over the operations of a regulated financial firm be fit and proper as well as to ensure that they have the correct training and competency to conduct that activity. As such the FSC may conduct enquiries on such individuals for these purposes.

Recipients of data

In order to conduct this role, the Financial Services Commission may pass or be required to confirm some or all of the aspects of the data that you have provided with other regulators who perform similar roles to the FSC or law enforcement agencies within Gibraltar or in other jurisdictions.

Similarly, other regulators and law enforcement agencies may seek to confirm with the FSC details of data that you may have supplied to them.

Subject to the confidentiality provisions that the FSC, its officers and staff are subjected to under various regulatory Acts for which it has responsibilities and the restrictions imposed upon it by the Act, the FSC will share your data only for the purposes provided therein.

Your rights to access data held by the FSC on you.

Upon receipt of a written request and subject to being able to prove that the person making the request is the data subject, the FSC will confirm whether or not we hold personal data about you and if so, what this data is. This data will be provided to you in a readily understood format.

The fee for receiving this information is £25 and must be made in a form available to download from here (will open in a new window);

Word Icon Data Access Request Form  
Adbove Icon Data Access Request Form  

Your right to rectify data held by the FSC on you

If data held by the FSC on you is inaccurate or out of date you can require the FSC to update the data by making this request in writing.

Your right to complain about your treatment to the Gibraltar Data Protection Commissioner

If you consider that the FSC has not complied with the requirements of the Act you may make a complaint to the Data Protection Commissioner:

Gibraltar Data Protection Commissioner
Gibraltar Regulatory Authority
Suite 811, Europort
Gibraltar
Tel +350 200 74636
Fax +350 200 72166
E-Mail info@gra.gi

Human Rights

Irrespective of anything contained in this statement, your rights under the European Convention on Human Rights and the Gibraltar Constitution Order remain unfettered.