Context
The FCA has published a new web page reminding individuals that they must tell the FCA if they consent for their name and response to a formal consultation to be made public. The FCA explains that this matters because when responding to an FCA publication, individuals are providing personal data to the FCA, including their name, contact details, any opinions expressed in their response and, where provided, details of the organisation they work for.
Key points to note and next actions
When the FCA makes rules, it is required to publish:
- a list of the names of respondents who made representations, where those respondents consented to the publication of their names;
- an account of the representations the FCA receives; and
- An account of how we have responded to the representations.
In a response, the FCA asks individuals and organisations to confirm whether they consent to the publication of their name and whether they wish the response to be treated as confidential. If a respondent consents to the publication of their name, and is replying from an organisation, the FCA we will assume that the respondent is the organisation and will publish that name, unless the respondent indicates that they are responding in an individual capacity (in which case, the FCA will publish the respondent’s name).
If a respondent wishes their response to be treated as confidential, the FCA will have regard to this indication but may not be able to maintain confidentiality where it is subject to a legal duty to publish or disclose the information in question.
The FCA will not regard a standard confidentiality statement in an e-mail message as a request for non-disclosure.