You must tell us if you consent for your name and response to a formal consultation to be made public. We explain why this matters.
When we make rules, we are 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 we receive.
- An account of how we have responded to the representations.
In your response, please confirm whether you consent to the publication of your name and whether you wish your response to be treated as confidential.
If you consent to the publication of your name:
If you are replying from an organisation, we will assume that the respondent is the organisation and will publish that name, unless you indicate that you are responding in an individual capacity (in which case, we will publish your name).
If you wish your response to be treated as confidential:
We will have regard to this indication but may not be able to maintain confidentiality where we are subject to a legal duty to publish or disclose the information in question.
We won’t regard a standard confidentiality statement in an email message as a request for non-disclosure.
Whether or not you indicate that your response should be treated as confidential, we are obliged to publish an account of all the representations we receive when we make the rules.
Providing personal data
By responding to an FCA publication, you are providing personal data to the FCA, including your name, contact details, any opinions expressed in your response and, where provided, details of the organisation you work for.
We’ll use this data to inform our regulatory policy and rulemaking, in the public interest and in the exercise of official authority under FSMA and other applicable legislation.
We may share personal data, where necessary, to perform our public tasks and to support regulatory cooperation and joint policy development.
Read our privacy notice on how and why we use personal data to carry out surveys, consultations and market research[1] as part of our work as a regulator.
Further information about the FCA’s use of personal data[2].