FULL PRIVACY NOTICE
for the members and beneficiaries of the East Sussex Pension Fund
This notice is for members and beneficiaries of the East Sussex Pension Fund (the "Fund"). Those with a benefit due from paying Additional Voluntary Contributions (“AVCs”) should also have regard to the Privacy Notice of our AVC Provider, currently Prudential.
This Notice has been prepared by East Sussex County Council (the "Administering Authority", or "we") in its capacity as the administering authority of the Fund.
This privacy notice is also provided at the following link:
Privacy Notice (eastsussexpensionfund.org)
As the Administering Authority of the Fund we hold certain information about you and from which you can be identified ("personal data") which we use to administer the Fund and to pay benefits from it. In line with data protection legislation, we are required to give you specified information about the personal data we hold about you, how we use it, your rights in relation to it and the safeguards that are in place to protect it. This notice is designed to give you that information.
The Administering Authority holds personal data about you in its capacity as data controller for the proper handling of all matters relating to the Fund, including its administration and management. This includes the need to process your data to contact you, to calculate, secure and pay your benefits, for statistical and financial modelling and for reference purposes (for example, when we assess how much money is needed to provide members' benefits and how that money should be invested), and to manage liabilities and administer the Fund generally. Further information about how we use your personal data is provided below.
The legal basis for our use of your personal data will generally be one or more of the following:
a) we need to process your personal data to satisfy our legal obligations as the Administering Authority of the Fund; and/or
b) we need to process your personal data to carry out a task in the public interest or in the exercise of official authority in our capacity as a public body; and/or
c) we need to process your personal data for the legitimate interests of administering and managing the Fund and liabilities under it, calculating, securing and paying benefits and performing our obligations and exercising any rights, duties and discretions the Administering Authority has in relation to the Fund; and/or
d) because we need to process your personal data to meet our contractual obligations to you in relation to the Fund (for example, under an agreement that you will pay additional voluntary contributions to the Fund), or to take steps, at your request, before entering into a contract.
The types of personal data we hold and process about you can include:
· Contact details, including name, address, telephone numbers and email address.
· Identifying details, including date of birth, national insurance number and employee and membership numbers.
· Information that is used to calculate and assess eligibility for benefits, for example, length of service or membership and salary information.
· Financial information relevant to the calculation or payment of benefits, for example, bank account and tax details.
· Financial Information relevant to any assessment of whether a fee charged for non-standard information can be waived.
· Information about your family, dependents or personal circumstances, for example, marital status and information relevant to the distribution and allocation of benefits payable on death.
· Information about your health, for example, to assess eligibility for benefits payable on ill health, or where your health is relevant to a claim for benefits following the death of a member of the Fund.
· Information about a criminal conviction if this has resulted in you owing money to your employer or the Fund and the employer or Fund may be reimbursed from your benefits.
We obtain some of this personal data directly from you. We may also obtain data (for example, salary information) from your current or past employer(s) or companies that succeeded them in business, from a member of the Fund (where you are or could be a beneficiary of the Fund as a consequence of that person's membership of the Fund) and from a variety of other sources including public databases (such as the Register of Births, Deaths and Marriages), our advisers and government or regulatory bodies, including those in the list of organisations that we may share your personal data with set out below.
Where we obtain information concerning certain "special categories" of particularly sensitive data, such as health information, extra protections apply under the data protection legislation. We will only process your personal data falling within one of the special categories with your consent, unless we can lawfully process this data for another reason permitted by that legislation. You have the right to withdraw your consent to the processing at any time by notifying the Administering Authority in writing. However, if you do not give consent, or subsequently withdraw it, the Administering Authority may not be able to process the relevant information to make decisions based on it, including decisions regarding the payment of your benefits.
Where you have provided us with personal data about other individuals, such as family members, dependants or potential beneficiaries under the Fund, please ensure that those individuals are aware of the information contained within this notice.
We will use this data to deal with all matters relating to the Fund, including its administration and management. This can include the processing of your personal data for all or any of the following purposes:
· To contact you.
· To assess eligibility for, calculate and provide you (and, if you are a member of the Fund, your beneficiaries upon your death) with benefits.
· To identify your potential or actual benefit options and, where relevant, implement those options.
· To allow alternative ways of delivering your benefits, for example, through the use of insurance products and transfers to or mergers with other pension arrangements.
· For statistical and financial modelling and reference purposes (for example, when we assess how much money is needed to provide members' benefits and how that money should be invested).
· To assess and, if appropriate, action a request you make to transfer your benefits out of the Fund.
· To comply with our legal and regulatory obligations as the administering authority of the Fund.
· To consider requests for a fee for providing information to which the claimant does not have an automatic right to be waived due to financial hardship.
· To address queries from members and other beneficiaries and to respond to any actual or potential disputes concerning the Fund.
· The management of the Fund's liabilities, including the entering into of insurance arrangements and selection of Fund investments.
· In connection with the sale, merger or corporate reorganisation of or transfer of a business by the employers that participate in the Fund and their group companies.
From time to time we will share your personal data with advisers and service providers so that they can help us carry out our duties, rights and discretions in relation to the Fund. Some of those organisations will simply process your personal data on our behalf and in accordance with our instructions. Other organisations will be responsible to you directly for their use of personal data that we share with them. They are referred to as data controllers and we have highlighted them in the table below. The data controllers may be obliged under the data protection legislation to provide you with additional information regarding the personal data they hold about you and how and why they process that data. Further information may be provided to you in a separate notice or may be obtained from the advisers and service providers direct, for example via their websites.
These organisations include the Fund's:
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· Administrator – (currently East Sussex County Council) · Tracing bureaus for mortality screening and locating members – (currently under review) · Overseas payments provider to transmit payments to scheme member with non-UK accounts – (currently HSBC) · Printing companies – (currently CFH Ltd · Pensions software provider – (currently Aquila Heywood) · Suppliers of IT, document production and distribution services (Orbis) · Legal adviser – (currently Eversheds Sutherland) · Scheme benefit consultants – (Hymans Robertson, Mercer, Aon) · External auditor – (currently Grant Thornton) · Internal auditor – (currently Orbis)
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Data controllers · Additional Voluntary Contribution providers – (currently Prudential) · Fund Actuary – (currently Barnett Waddingham) · Insurance companies in connection with ill health benefits – (currently Legal and General) · LGPS National Insurance database – (South Yorkshire Pensions Authority) · The Pensions Ombudsman · Administering authorities of other LGPS funds (or their agents, such as third party administrators) where you have been a member of another LGPS fund and the information is needed to determine the benefits to which you or your dependants are entitled · The Department for Work and Pensions · The Government Actuary's Department · The Cabinet Office – for the purposes of the National Fraud Initiative · HM Revenue and Customs · The Courts of England and Wales – for the purpose of processing pension sharing orders on divorce · Other Pension Schemes transferring data |
In each case we will only do this to the extent that we consider the information is reasonably required for these purposes.
In addition, where we make Fund investments or seek to provide benefits for Fund members in other ways, such as through the use of insurance, then we may need to share personal data with providers of investments, insurers and other pension scheme operators. In each case we will only do this to the extent that we consider the information is reasonably required for these purposes.
From time to time we may provide some of your data to your employer and their relevant subsidiaries (and potential purchasers of their businesses) and advisers for the purposes of enabling your employer to understand its liabilities to the Scheme. Your employer would generally be a controller of the personal data shared with it in those circumstances. For example, where your employment is engaged in providing services subject to an outsourcing arrangement, the Administering Authority may provide information about your pension benefits to your employer and to potential bidders for that contract when it ends or is renewed.
Where requested or if we consider that it is reasonably required, we may also provide your data to government bodies and dispute resolution and law enforcement organisations, including those listed above, The Pensions Regulator, the Pensions Ombudsman and Her Majesty's Revenue and Customs (HMRC). They may then use the data to carry out their legal functions.
The organisations referred to in the paragraphs above may use the personal data to perform their functions in relation to the Fund as well as for statistical and financial modelling (such as calculating expected average benefit costs and mortality rates) and planning, business administration and regulatory purposes. They may also pass the data to other third parties (for example, insurers may pass personal data to other insurance companies for the purpose of obtaining reinsurance), to the extent they consider the information is reasonably required for a legitimate purpose.
We do not use your personal data for marketing purposes and will not share this data with anyone for the purpose of marketing to you or any beneficiary. However, we may use your data to send surveys and other documents to you to help us improve the quality of service we provide.
In some cases recipients of your personal data may be outside the UK. As such, your personal data may be transferred outside the UK to a jurisdiction that may not offer an adequate level of protection as is required by the UK Government. If this occurs, additional safeguards must be implemented with a view to protecting your personal data in accordance with applicable laws.
We will only keep your personal data for as long as we need to in order to fulfil the purpose(s) for which it was collected and for so long afterwards as we consider may be required to deal with any questions or complaints that we may receive about our administration of the Fund, unless we elect to retain your data for a longer period to comply with our legal and regulatory obligations. We keep your information for long enough to ensure that, if a query arises in the future about your benefits, we have enough information to deal with it where we have a legal obligation to do so. This information includes the data we need to identify a specific record. In practice, this means that your personal data will be retained for such a period as you (or any beneficiary who receives benefits after your death) are entitled to benefits from the Fund until such a time that the Fund is satisfied that there is no benefit due to be paid and no person, estate, or organisation exists that may be able to claim a benefit is due to be paid. This is likely to be at least 75 years after a benefit ceases to be payable. For the same reason, your personal data may also need to be retained where you have received a transfer, or refund, from the Fund in respect of your benefit entitlement.
You have a right to access and obtain a copy of the personal data that the Administering Authority holds about you and to ask the Administering Authority to correct your personal data if there are any errors or it is out of date or incomplete. In very limited circumstances, you may also have a right to ask the Administering Authority to restrict the processing of your personal data, or to transfer or (in extremely limited circumstances, such as where your personal data is no longer needed for the purpose for which it is being processed) erase your personal data. You should note that we are not obliged to erase your personal data if we need to process it for the purposes of administering the Fund.
In certain circumstances you have the right to object to the processing of your personal data; for example, you have the right to object to processing of your personal data which is based on the public interest or legitimate interests identified in the section above headed "The technical bit", or where processing is for direct marketing purposes.
You can obtain further information about your rights from the Information Commissioner's Office at www.ico.org.uk or via its telephone helpline (0303 123 1113).
If you wish to exercise any of these rights or have any queries or concerns regarding the processing of your personal data, please contact the Fund Administrator as indicated below. You also have the right to lodge a complaint in relation to this privacy notice or the Administering Authority's processing activities with the Information Commissioner's Office which you can do through the website above or their telephone helpline.
As explained in the section above headed "How we will use your personal data", one of the reasons we collect and hold your personal data is to administer your Fund benefits. If you do not provide the information we request, or ask that the personal data we already hold is deleted or that the processing of the personal data be restricted, this may affect our ability to administer your benefits, including the payment of benefits from the Fund.
In some cases it could mean the Administering Authority is unable to put your pension into payment or has to stop your pension (if already in payment).
We may update this notice periodically. Where we do this, we will inform members of the changes and the date on which the changes take effect.
Please contact the Fund for further information.
East Sussex Pension Fund Pensions Administration – County Hall East Block, F Floor, Lewes, BN7 1UE
Data Protection Officer
You may also contact our data protection officer for further information.
Data Protection Officer, East Sussex County Council County Hall West Block, G Floor, Lewes, BN7 1UE
Complaints about use of your information
To complain about the use of your information you will need to contact the Information Commissioner’s Office.
You can do online using the link below:
Data protection and personal information complaints tool | ICO
Or by post at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Chesire, SK9 5AF.
Find out more about the ICO complaint process
PRIVACY NOTICE (SUMMARY)
for the members and beneficiaries of the East Sussex Pension Fund
As the Administering Authority of the Fund we hold certain information about you and from which you can be identified ("personal data") which we need to administer the Fund.
In this privacy notice, we have summarised some of the key ways in which we collect and use personal data in accordance with our requirements under data protection legislation. Further information can be found in the Full Privacy Notice at the following link:
Privacy Notice (eastsussexpensionfund.org)
It is important that you read this privacy notice together with any other privacy notice or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice replaces any general privacy notice we may have previously issued and supplements any other notices and privacy policies we issue that are specific to particular data collection / processing activities.
What personal data do we hold?
The types of data we hold and process will typically include:
· Contact details, including name, address, telephone numbers and email address.
· Identifying details, including date of birth and national insurance number.
· Information relating to your benefits in the Fund, including length of service or membership and salary.
· Other information in relation to your membership of the Fund or to enable the calculation or payment of benefits, for example bank account details.
· Information about your family, dependents or personal circumstances, for example, marital status and information relevant to the distribution and allocation of benefits payable on death.
· Financial information relevant to the calculation or payment of benefits, for example, bank account and tax details.
· Information about your health, for example, to assess eligibility for benefits payable on ill health, or where your health is relevant to a claim for benefits following the death of a member of the Fund.
· Information about a criminal conviction if this has resulted in you owing money to your employer or the Fund and the employer or Fund may be reimbursed from your benefits.
We obtain some of this personal data directly from you. We may also obtain data from your employer (for example, salary information) and from other sources including public databases and the advisers and service providers that we may share your personal data which are listed in the Full Privacy Notice.
What will we do with your personal data?
We will use this personal data to administer the Fund and to calculate and provide you (and, if you are a member of the Fund, your beneficiaries if you die) with benefits. We will also use this personal data for statistical and financial modelling and reference purposes (for example, when we assess how much money is needed to provide members' benefits and how that money should be invested), and to comply with our legal obligations.
From time to time we will share your personal data with third parties, including our contractors, advisors, government bodies and dispute resolution and law enforcement agencies and insurers in order to comply with our obligations under data protection legislation, and in connection with the provision of services that help us carry out our duties, rights and discretions in relation to the Fund. These organisations are listed in the Full Privacy Notice.
We may also process your personal data to assess and, if appropriate, action a request you make to transfer your benefits out of the Fund.
In some cases recipients of your personal data may be outside the UK. If this occurs, we will make sure that additional safeguards are in place to protect your data in accordance with applicable data protection laws. Please use the contact details below if you want more information in connection with this.
What is the legal basis for our use of your personal data?
The legal basis for our use of your personal data will generally be one or more of the following:
a) we need to process your personal data to satisfy our legal obligations as the Administering Authority of the Fund; and/or
b) we need to process your personal data to carry out a task in the public interest or in the exercise of official authority in our capacity as a public body; and/or
c) we need to process your personal data for the legitimate interests of administering and managing the Fund and liabilities under it, calculating, securing and paying benefits and performing our obligations and exercising any rights, duties and discretions the Administering Authority has in relation to the Fund; and/or
d) because we need to process your personal data to meet our contractual obligations in relation to the Fund (for example, under an agreement that you will pay additional voluntary contributions to the Fund), or to take steps, at your request, before entering into a contract.
How long will we hold your data?
We will only keep your personal data for as long as we need to in order to fulfil the purpose(s) for which it was collected and for so long afterwards as we consider may be required to deal with any questions or complaints that we may receive about our administration of the Fund, unless we elect to retain your data for a longer period to comply with our legal and regulatory obligations. We keep your information for long enough to ensure that, if a query arises in the future about your benefits, we have enough information to deal with it where we have a legal obligation to do so. This information includes the data we need to identify a specific record. In practice, this means that your personal data will be retained for such a period as you (or any beneficiary who receives benefits after your death) are entitled to benefits from the Fund until such a time that the Fund is satisfied that there is no benefit due to be paid and no person, estate, or organisation exists that may be able to claim a benefit is due to be paid. This is likely to be at least 75 years after a benefit ceases to be payable. For the same reason, your personal data may also need to be retained where you have received a transfer, or refund, from the Fund in respect of your benefit entitlement.
Your rights
You have a right to access and obtain a copy of the personal data that we hold about you and to ask us to correct your personal data if there are any errors or it is out of date or incomplete. In very limited circumstances, you may also have a right to ask us to restrict the processing of your personal data or to transfer or (in extremely limited circumstances, such as where your personal data is no longer needed for the purpose for which it is being processed) erase your personal data. You should note that we are not obliged to erase your personal data if we need to process it for the purposes of administering the Fund.
In certain circumstances you have the right to object to the processing of your personal data; for example you have the right to object to processing of your personal data which is based on the public interest or legitimate interests identified in the section above headed "What is the legal basis for our use of your personal data?", or where the processing is for direct marketing purposes.
You can obtain further information about your rights from the Information Commissioner's Office at: www.ico.org.uk or via its telephone helpline (0303 123 1113).
If you wish to exercise any of these rights, please contact the Fund Administrator below. You also have the right to lodge a complaint in relation to this summary notice, the Full Privacy Notice or our processing activities with the Information Commissioner's Office, which you can do through the website above or their telephone helpline.
One of the reasons we collect and hold your personal data is to administer your benefits from the Fund. If you do not provide the information we request, or ask that the personal data we already hold is deleted or that the processing of the personal data be restricted, this may affect our ability to administer your benefits, including the payment of benefits from the Fund. In some cases it could mean that we are unable to put your pension into payment or have to stop your pension (if already in payment).
Contacting us
Please contact the Fund for further information.
East Sussex Pension Fund - Pensions Administration, County Hall East Block, F Floor, Lewes, BN7 1UE
pensions@eastsussex.gov.uk
Data Protection Officer
You may also contact our data protection officer for further information.
Data Protection Officer, East Sussex County Council County Hall West Block, G Floor, Lewes, BN7 1UE
Complaints about use of your information
To complain about the use of your information you will need to contact the Information Commissioner’s Office.
You can do online using the link below:
Data protection and personal information complaints tool | ICO
Or by post at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Chesire, SK9 5AF.
Find out more about the ICO complaint process