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LED Personal Information

LED Personal Data

Under the functions relating to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the
prevention of threats to public security information collected will be used for the purposes of 'Law Enforcement'

When we collect your personal information we will:

  • Only collect what we need and no more
  • Keep your information secure
  • Tell you how we will use your information
  • Delete your information when it is no longer needed
  • Only process your information in line with rules set out in Manx Data Protection legislation.

This Privacy Notice defines what happens when you give personal information to the FIU and will explain:

  • What information is collected and why
  • Who is collecting it
  • How it is collected
  • Why it is being collected
  • How it will be used
  • How long it will be kept
  • Who it will be shared with
  • How your information will be kept secure

If you have any questions or comments on this Privacy Notice please contact the FIU Data Protection Officer at the details below –

Email – DPO-FIU@gov.im, Phone - +44 1624 686000, Address - FIU DPO - PO Box 51, Douglas. Isle of Man. IM99 2TD

How and why we collect your personal information

Under the Financial Intelligence Unit Act 2016 the FIU may collect personal information under the following Sections -

  • Section 18 - Power to gather additional information
  • Section 24 - Disclosure of information to FIU
  • Section 30 - General Duty to pass information
  • Section 31 - General duty to assist FIU

Under the Proceeds of Crime Act 2008 the FIU may collect personal information under the following Sections - 

  • Section 153 - Protected disclosures
  • Section 154 - Authorised disclosures

Under the Anti-Terrorism and Crime Act 2003 the FIU may collect personal information under the following Sections - 

  • Section 11 - Disclosure of Information - Duty
  • Section 12 - Disclosure of Information - Permissions

Our legal basis for processing your information

The FIU has a statutory function to receive, gather, analyse, store and share information about financial crime. In some cases, where it is necessary and relevant, the information you provide (as identified above), may be disclosed or shared with other organisations.

This will only be done where there we consider it is necessary and relevant for us to do so in accordance with our functions.

Types of personal information we collect about you

Depending on the legislation in which information is submitted to the FIU, the information we collect could be wide and varied. Some examples are:

  • Names
  • Dates of birth
  • Employment
  • Financial Records
  • Tax Records
  • Criminal History

Proceeds of Crime Act 2008 disclosures should be in the 'form and manner' of the Proceeds of Crime (Prescribed Disclosures) Order 2015 and this provides a framework to industry in relation to submissions.

Section 24 of the FIU Act states "any person may disclose information to the FIU if the disclosure is made for the purposes of the exercise by the FIU of any of its functions." this means the FIU will receive and collect information in all manner of types and categories in line with our functions noted above.

How we will share the information we collect about you -

Third parties we may share your data with include, for example:

  • local law enforcement agencies
  • external law enforcement agencies or external Financial Intelligence Units
  • regulators (the Isle of Man Financial Services Authority and Gambling Supervision Commission) and off Island regulators

Section 23 of the FIU act allows the FIU to share information obtained by the FIU in connection with the exercise of any of its functions may be disclosed by the FIU if the disclosure is for any permitted purposes. The permitted purposes are defined in Section 28(1) of the FIU Act and are:

  • the prevention, detection, investigation or prosecution of criminal offences, whether in the Island or elsewhere;
  • the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of the Island or of any country or territory outside the Island;
  • the exercise of any function conferred on the FIU (so far as not falling within paragraph (a) or (b)); and
  • the exercise of any function which appears to the DHA to be a function of a public nature and which it designates by order.

It is an offence under section 26 of the Act for anyone in receipt of information from the FIU under section 23 of the Act to further disclose the information save in accordance with Section 25, which requires the written consent of the FIU. A person guilty of an offence under Section 26 of the Act is liable on summary conviction to custody for a term not exceeding 2 years and to a fine not exceeding £10,000 or to both.

Transfer of Information outside EEA

The FIU shares information with jurisdictions outside the EEA. The information is shared with strict handling conditions regarding how the recipient can use that information.

How we keep your personal information secure

The FIU will:

  • keep your information safe and secure in compliance with its information security policy
  • only use and disclose your information as detailed above, where necessary
  • retain the information for no longer than is necessary. Your information will be permanently deleted once the timeframes set out below have been reached.
  • use the Section 25 'Restrictions on further disclosure' when making disclosures to other parties.

How long do we keep your personal information

The FIU will review the need for the storage of personal data within 5 years of the date on which the data were first stored. If the data is submitted to the FIU inadvertently under one of the above functions it will be deleted immediately.  

Following a review, information may be kept for a further 5 years should the information still form part of the functions as defined above, and subsequently reviewed.

This may be to:

  • Respond to an enquiry from you
  • Meet statutory requirements

Records are only retained for longer term periods if their retention can be justified for statutory, regulatory, legal or security reasons or for their historic value.

Our Retention Schedule is available here

You can review your personal information and ensure it is accurate

Where possible we will provide you with access to the information we hold about you so that you can view this information and provide a means for you to have this information changed if it is not accurate. Alternatively you can ask for the information we hold about you to be changed by making a request to the FIU DPO.

To remove your personal information

In certain circumstances you can ask for your information to be deleted. Please note that as part of the FIU statutory functions some information may need to be retained. You can request this by contacting the FIU DPO.

Last Updated January 2023