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Status: You are viewing the version of the handbook as on 2005-06-30.

DISP 3.10 Dealing with information

DISP 3.10.1R
  1. (1)

    In dealing with any information received in relation to the consideration or investigation of a complaint, the Financial Ombudsman Service must have regard to the parties' rights of privacy.

  2. (2)

    Paragraph (1) does not prevent the Ombudsman disclosing information (either in full, or where he considers it necessary or appropriate under DISP 3.5.2 R (2), in the form of an edited version or (where this is not practicable) a summary or description):

    1. (a)

      to the extent that he is required or authorised to do so by law; or

    2. (b)

      to the parties to the complaint; or

    3. (c)

      in his determination; or

    4. (d)

      at a hearing in connection with the complaint.

  3. (3)

    So long as he has regard to the parties' rights of privacy, the Ombudsman may disclose information to the FSA or any other body exercising regulatory or statutory functions for the purpose of assisting that body or the Financial Ombudsman Service to discharge its functions.

DISP 3.10.2G

Under article 11 of the Ombudsman Transitional Order and article 11 of the Mortgage and General Insurance Complaints Transitional Order, any information held by any person responsible for the operation of a former scheme in connection with the operation of a former scheme may be disclosed by that person (after commencement or, as the case may be, the relevant commencement date) to FOS Ltd or to an Ombudsman without contravening any restriction on disclosure of that information (imposed by statute or otherwise) to which that person was subject. But FOS Ltd or the Ombudsman is subject to any restrictions on disclosure (and exceptions) which would have applied to the former holder of that information.1

DISP 3.10.3G

Article 11 of the Ombudsman Transitional Order and article 11 of the Mortgage and General Insurance Complaints Transitional Order do not, however, prevent the application of section 31(4A) of the Data Protection Act 1998. This provides for an exemption in respect of subject information provisions to the extent to which the application of those provisions to data would be likely to prejudice the proper discharge of the functions conferred under Part XVI of the Act (The Ombudsman Scheme).1