Data Privacy Notice - Schemes to which we are no longer appointed

May 2018

Scope

This statement has been prepared by The Law Debenture Pension Trust Corporation p.l.c. and its associated companies (together referred to below as ‘we’ or ‘us’). It relates to any pension scheme or similar arrangement to which we are no longer appointed (referred to below as ‘the Scheme’). This includes any scheme or arrangement in relation to which our appointment as a trustee, trustee director, committee member, secretary or otherwise has come to an end by winding-up, resignation, removal or otherwise.

Why we're telling you about data privacy

Although we are no longer appointed to the Scheme, we need to retain historic data about the current and former members and other beneficiaries of the Scheme (referred to below as ‘members’).  Any member in relation to whom we hold such data is referred to below as ‘you’.  As it is not practical to communicate directly with members (and we do not generally hold current contact details for them), we are publishing this data privacy statement on our website and will otherwise make it available to anyone who asks for a copy.

During the period of our appointment to the Scheme we were responsible (as sole trustee or together with the rest of the trustee or committee board) for seeking to ensure that the obligations of the trustee(s) under the Scheme’s rules were met for the benefit of the Scheme’s members.

We take data privacy very seriously. This privacy statement explains why we retain personal data for the Scheme and how we will use it.

We have measures and controls in place to help keep personal data secure and to protect it from unlawful use, accidental loss, destruction or damage. This is in order to comply with our obligations under data protection laws including the General Data Protection Regulation (the GDPR) from 25 May 2018.

If the Scheme remains in existence, the data controller in relation to it is the current trustee(s).  In relation to any historic data that we continue to hold in relation to the Scheme and its members, we are separately a data controller in our own right.

We may change this privacy statement from time to time. If changes are made the updated version will be available from our website: https://www.lawdebenture.com/governance-service/pension-trusteeship/data-protection-framework/data-privacy-notice-schemes-to-which-we-are-no-longer-appointed-may-2018

Why we need to retain your personal data

During our appointment to the Scheme we may have collected and processed members’ personal data so that we could fulfill our legal duties in line with the Scheme’s rules and overriding legal obligations.  We did not generally need members’ explicit consent to do this.

We need to retain this data in case we need to use it if any questions arise over the membership status and/or benefit entitlements of individual members or to comply with our legal obligations or to defend ourselves against possible legal claims. 

In cases where the Scheme has been wound up and the sponsoring employer no longer exists, we may be the only source of such information.

The principles we'll follow

We are committed to respecting your privacy and to complying with data protection and privacy laws.

• We'll only use your data where we have lawful grounds and/or legitimate reasons to do so.
• We will not collect any new data about you.
• We'll observe your rights under privacy and data protection laws and ensure that, if you have a query about privacy issues, it is dealt with promptly and transparently.
• We'll check that any organisations we share your personal data with are aware of their privacy obligations (and, if they act as data processors for us, that they have appropriate security measures in place to protect your data).

Data we hold about you and how we use it

The personal data we hold about you will only relate to the period of our appointment to the Scheme and may include:

• details that identify and locate you such as name, address, date of birth and NI number or tax reference;
• details of salary, service dates, retirement benefits and bank account; and
• details of your other pension arrangements, tax residency status, PAYE coding and HMRC tax protection status.

We receive no new or updated data for you.

We will only use your data when a question has been raised about your membership status and/or benefit entitlements under the Scheme or to comply with our legal obligations or to defend ourselves against possible legal claims. 

How long we’ll keep your personal data

Pension benefits are earned and paid over a long period.  We will store and process your personal data for as long as necessary to comply with our legal obligations and deal with any queries about your benefits or those of your beneficiaries after your death.  If the Scheme has been wound up, the advisers and service providers who helped us with this process (including actuaries, legal advisers and administrators) may retain your personal data in order to enable them to deal with queries into the future and to protect themselves against legal claims.

Who we share your data with

To comply with our obligations in relation to our period of appointment to the Scheme we may need to share your data with third parties who were or are involved with the Scheme, including:

• The employers and their advisers and service providers.
• Advisers and service providers appointed or formerly appointed by us in relation to the Scheme (including actuaries, legal advisers and administrators).
• Insurers (including buy-out, run-off, overlooked beneficiary and professional indemnity insurers).
• The Pensions Regulator and/or other regulatory bodies, such as HM Revenue & Customs, where we are required by law to do this.
• Third parties to whom we may need to disclose personal data in order to comply with a statutory obligation (for example, in response to a court order or a law enforcement agency's request).
• After your death, your dependants, beneficiaries and legal personal representatives and their advisers (who may approach us if the Scheme has been wound up).

Keeping your personal data secure

We use appropriate procedures and security features to prevent unauthorised access.  We require any third party service providers who act as data processors for us to do so too.  If they do so outside the European Economic Area, we require them to apply appropriate safeguards in compliance with data protection laws.

Your rights to access and correct the data we hold about you

If the Scheme has not been wound up, most of your personal data in relation to the Scheme is held by the Scheme’s current trustee(s) and administrators.  You may have the right to have access to such data, to change, correct or complete it, to ask for it to be erased, to restrict the way it is processed or to object to its processing.  If you want to do so, you should address your request to the Scheme’s current trustee(s) and/or administrators rather than to us.

Please contact us only if you want to exercise any of these rights in relation to any historic data that we may continue to hold in relation to you.

Contact details, questions and concerns

If you have a query, comment or concern about this statement or the way we handle your personal data in relation to the Scheme, please contact us by email at:  pensions@lawdeb.co.uk

If you believe our handling of your personal data does not comply with data protection law, you can contact the Information Commissioner’s Office (ICO) or raise a complaint at www.ico.org.uk/concerns or call its helpline on 0303 123 1113.  Alternatively, you can write to Information Commissioner's Office (ICO), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

The Law Debenture Pension Trust Corporation p.l.c. for itself and its associated companies in relation to any pension schemes or similar arrangements to which they are no longer appointed as trustee, trustee director, committee member, secretary or otherwise

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