It does come off again:
Personal insolvency notices
Personal insolvency notices are published in accordance with the requirements of the Data Protection Act 1998 (as amended) and/or any appropriate regulations and/or guidance (the “Act”). The data controller (as defined in the Act) is the Controller of HMSO, part of The National Archives, operating in her capacity as superintendent of the publishing of The Gazette. TSO delivers The Gazette under a concessionary contract to The National Archives, and acts as the data processor.
In the UK, the publication of bankruptcy orders in The Gazette is governed by the Insolvency Rules. Once made, the order is required by law to be gazetted (rule 6.46) making the notices available to the public as evidence of the conduct of discharged or undischarged bankrupts. The order is therefore a statement of fact at the time of issue, and a matter of public record.
In Scotland, the publication of sequestration (bankruptcy) and trust deed orders in The Edinburgh Gazette was required under the Bankruptcy (Scotland) Act 1985, but these requirements have been repealed over a period from 2010 – 2015 (see the Home Owner and Debtor Protection (Scotland) Act 2010, the Protected Trust Deeds (Scotland) Regulations 2008 and The Bankruptcy and Debt Advice (Scotland) Act 2014). Notices, therefore, may have been placed as a consequence of a statutory requirement to do so, or because the Insolvency Practitioner has chosen to put the facts of the bankruptcy officially on the public record, for example to better inform potential creditors.
Excluding personal insolvency notices from search engine results
We maintain personal insolvency notices on The Gazette website as part of a permanent official record. However we instruct search engines to start to exclude personal insolvency notices from their search results after the bankruptcy has been discharged and information about the insolvency is removed from insolvency service registers (in the UK this happens after one year and three months).
Every type of insolvency notice has a different notice code and each notice code is automatically added to The Gazette’s robot.txt file one year and three months after it was placed. The robot.txt file instructs search engines, if they adhere to these rules, to exclude results from their search. The automatic adding of notice codes to The Gazette’s robot.txt file means that the first notice about your personal insolvency will be excluded from search engines one year and three months after it was placed but it will take an additional year before the final notice about your bankruptcy is excluded.
Further information
If you want to request that the Official Receiver places a discharge of insolvency notice in The Gazette, point 12 in the Insolvency Service’s guidance on discharge from bankruptcy sets out the process you must follow.
If your bankruptcy is annulled you can also request that the Official Receiver places a notice of annulment in The Gazette. Point 13 In the Insolvency Service’s guidance on annulment sets out the process you must follow.
Security of information and personal data
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
