Protection and Disclosure of Personal Information (Amendment) Regulations 2025 Debate
Full Debate: Read Full DebateLord Bourne of Aberystwyth
Main Page: Lord Bourne of Aberystwyth (Conservative - Life peer)My Lords, first, I declare my interest as the author of company law textbooks and the occasional lecture on company law. I thank the Minister for setting out the intent of these regulations with notable clarity. I should say at the outset that I have no problem with these regulations except that, I would argue, they probably do not go far enough. Surely it is right and consistent with the intention of the Economic Crime and Corporate Transparency Act that we enact these regulations.
I wholly approve of the protection of the residential addresses of those people who may be the subject of fraud and identity theft; that seems very sensible. My questions to the Minister are twofold. In what limited circumstances will it be thought necessary to display the residential address, based on the points made by the Minister? Also, given that they are so few—if, indeed, there are any—should it not be the case that we simply do not show residential addresses? Based on the fact that Companies House will hold them anyway, the default position should therefore be that they are not shown, rather than that they are shown, and it should not depend on individuals applying through this process for them not to be shown. Natural inertia means that some people just will not do it. It seems to me that the reverse presumption would be sensible.
I have just two further brief points. The first relates to how Companies House will publicise this procedure so that people are aware of it if we are to go down this route. Secondly, how long is the application procedure likely to take? In the meantime, the address will be there, and the potential for corporate fraud and identity theft will be present.
With that, I am otherwise happy with these regulations.
My Lords, I thank the noble Lord, Lord Leong, for introducing this statutory instrument, which is part of a secondary legislation programme implementing the reforms of the Economic Crime and Corporate Transparency Act 2023. Combating economic crimes is a top priority for all noble Lords, and it is essential that we support our UK businesses to thrive and contribute to economic growth.
His Majesty’s Official Opposition recognise that registering personal information of individuals, including their residential addresses, can lead to them being subject to an increased risk of fraud, identity theft and stalking. Currently, a director of a UK company or members of a UK limited liability partnership are able to apply to Companies House to prevent their residential address being displayed on the public register or disclosed to credit reference agencies. Aside from that, it is possible for an individual to protect their residential address from the public only in certain limited circumstances.
The statutory instrument introduced today will bring in additional measures to enhance the protection of personal information on the register. It builds on regulations that came into force earlier this year and will expand the circumstances in which an individual can protect their residential address. This instrument also adds to the existing address protection regime by allowing for the protection of an individual’s signature, business occupation and date of birth.
Under the legislation, any individual would be able to apply to suppress their residential address from public view, unless it is also the registered office address of an active company or part of the company’s name. The instrument will also remove the requirement for certain community interest company documents and statements of solvency to be signed, and the requirement for directors of overseas companies to provide a business occupation. It expands the grounds on which people with significant control can make an application to request the registrar to refrain from disclosing their residential address to a credit reference agency, as well as making other minor amendments to secondary legislation relating to PSCs, which are applied to limited liability partnerships and eligible Scottish partnerships.
His Majesty’s Official Opposition support the measures being introduced. We recognise that having personal information on the company’s register brings an increased risk to exposed individuals, and we are pleased that today’s reforms will bring in protections for personal information on the public registers held by Companies House.