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 GFSC 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.
Gibraltar Financial Services Commission
PO Box 940,
Suite 3, Ground Floor,
Purposes for which data is collected and processed
The Gibraltar Financial Services Commission (GFSC) 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 GFSC 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 GFSC or law enforcement agencies within Gibraltar or in other jurisdictions.
Similarly, other regulators and law enforcement agencies may seek to confirm with the GFSC details of data that you may have supplied to them.
Subject to the confidentiality provisions that the GFSC, 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 GFSC will share your data only for the purposes provided therein.
Your rights to access data held by the GFSC 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 GFSC 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 £10 and must be made in a form available to download from here (will open in a new window)
Data Request Form
Your right to rectify data held by the GFSC on you
If data held by the GFSC on you is inaccurate or out of date you can require the GFSC to update the data by making this request in writing.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 GFSC 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
Tel +350 200 74636
Fax +350 200 72166
Irrespective of anything contained in this statement, your rights under the European Convention on Human Rights and the Gibraltar Constitution Order remain unfettered.