Your information (Fair Processing Notice)
This notice sets out how we use personal information about members of the College of Law Pension and Assurance Scheme ("Scheme") and their dependants and nominated beneficiaries ("you").
We are the Trustees of the Scheme. We are committed to protecting your privacy and operate a strict policy in respect of your personal information. Further details are set out below.
We need to use your information for administration of the Scheme
We will use your information for the general administration of the Scheme. This means we will use your information for the following purposes:
- To record your contributions, track entitlements and pay benefits.
- To communicate in relation to your contributions, entitlements and benefits.
- To obtain actuarial valuations and other professional advice.
- To deal with any complaints you might make.
- To conduct elections and elect trustees.
- To meet our on-going regulatory and compliance obligations.
- To conduct statistical and reference exercises.
We carry out these obligations because we are under a legal duty to manage the Scheme on behalf of its members.
We will also use your information for purposes connected with the Scheme
We also use your information to carry out the following activities:
- To manage our internal systems processes and our use of technology, including testing and upgrading of systems. We do this because we have a legitimate interest in ensuring that our systems and processes operate correctly and effectively.
- We will provide you with updates about the Scheme, through newsletters and obtain your feedback about its operation. We do this because we have a legitimate interest in keeping you up to date with developments affecting the Scheme and to check we are running it effectively. You can ask us to stop these communications as set out below.
- We will try to locate you if you move address without providing us with new contact details. We do this as we have a legitimate interest in being able to contact you about the Scheme and to pay your benefits.
- We will seek to confirm if you are still entitled to your benefits by confirming that you are still alive and that your dependants are still entitled to any benefits.. We do this as we have a legitimate interest in only paying benefits to those entitled to them.
- We disclose your information to third parties at your request, such as in relation to transfers to other schemes. We do this because you have consented to this disclosure.
- We will use your information in order to prevent or detect crime. We do this because we have a legitimate interest in protecting the Scheme from criminal activity. We will also disclose your information to third parties where we are required to disclose that information by law or by an Order of The Court.
- We will undertake activities from time to time to help us manage the liabilities of the Scheme, such as by obtaining life insurance, longevity hedging, scheme mergers, bulk transfers, pension increase exchanges and enhanced transfer value exercises. We do so because it is in our legitimate interests to ensure the Scheme can continue to meet its liabilities.
- We will consider requests by you to access your benefits on the grounds of ill-health. This will require us to consider information about your medical condition. You will be asked to consent to this use at the time you ask us for those benefits.
- We will keep details of any beneficiary you nominate to receive your benefits. You will be asked to consent to this at the time you submit your nomination and also be asked to confirm that the beneficiary also consents to that use.
We collect a range of information about you to carry out these purposes
To carry out these purposes we hold and use the following information about you:
- Personal details such as your name, gender, date of birth, home address including postcode, national insurance number, bank account details, marital status, dependants and country of residence.
- Information relating to your benefits, including your member identifying number, the date you joined or left the Scheme, your earnings, pensionable earnings, the category and value of contributions and benefits that you receive, your retirement age, and any relevant matters impacting your benefits such as additional voluntary contributions, pension sharing orders, tax protections or other adjustments.
- Health details in relation to any claim to ill health retirement or incapacity to manage your own affairs.
- Records of communications with you.
- In rare cases, information relating to convictions or offences.
We will obtain most of this information from you. We also obtain information from your employer, former employer, other pension schemes, tracing agents, our insurers and insurance brokers, our service providers and our medical advisers.
We need to disclose your information to third parties
To carry out these purposes we also need to disclose your information to the following third parties:
- Service providers who use the information on our instructions. We use service providers to administer the Scheme on our behalf, provide us with information technology services, archive our records, send mailings and run our payroll.
- Our professional advisers to obtain legal, actuarial, investment, covenant, audit and medical advice.
- Our providers of additional voluntary contributions.
- Tracing agents who locate missing members and confirm continuing entitlement to benefits.
- HM Revenue & Customers, the Department of Work & Pensions and regulatory bodies.
- The Pensions Ombudsman and The Pensions Advisory Services, where you have consented to that disclosure.
- Your employer or former employer.
- Insurance, reinsurance companies and independent financial advisers where we seek to manage the liabilities of the Scheme.
- Third parties to whom you ask us to disclose your information, for example where you wish to transfer your pension.
We transfer your information outside the European Economic Area (EEA) if you are based outside the EEA
If you are based outside the EEA, we will transfer your information outside of the EEA in order to pay you. In this case, we will also transfer your information outside the EEA in order to trace you if we lose contact with you, and to confirm your continuing entitlement to benefits. We will also transfer your information outside the EEA if you ask us to transfer your information to an overseas pensions provider. We do this because you have consented to this disclosure to allow us to make such overseas payments or because we have taken other measures to ensure that we continue to protect your information. Please contact us at the address set out below if you want more details.
Transfers of your information outside the EEA
Although we do not do so currently, the use and disclosure of your information, including for the purposes referred to in (g) above or by the Scheme’s administrator or actuary, may in certain cases involve transferring your information to countries outside of the EEA.
In such cases, except where the relevant country has been determined by the relevant public authority to ensure an adequate level of data protection, we will ensure that the transferred information is protected in compliance with applicable data protection rules, for example by a data transfer agreement in the appropriate standard form approved for this purpose by the European Commission or (where applicable) relevant authority in the United Kingdom. Further details of these transfers including information about any data transfer agreements we use are available from us on request.
Retention of your information
We keep your information for the longer of:
- the period required in order to meet our legal or regulatory responsibilities, and
- the period envisaged within our record retentions policy.
We determine the period envisaged within such documentation with regard to the Scheme’s operational and legal requirements, such as facilitating the payment of benefits to you or your nominated beneficiaries, calculating and managing the liabilities of the Scheme, and responding to legal claims or regulatory requests.
In general, we will retain your information for twelve years after all entitlements to your benefits cease. For example, information will be retained for twelve years after the death of a member and their nominated beneficiaries (if any).
Your rights over your information
You have rights under General Data Protection Regulations (EU 2016/679) to access and correct your information and (in some circumstances) to restrict its use or have it deleted.
You also have the right to object to the processing of your information in some circumstances, and to tell us that you do not wish to receive newsletters and flyers about the Scheme.
You can exercise any of these rights by contacting us at the address set out below.
You also have the right to withdraw your consent to the use of your information, to the extent such use is based on your consent. You can notify us of your withdrawal of consent by contacting us at the address set out below.
You can also lodge a complaint about our processing of your personal information with a supervisory authority in the Member State where you habitually reside or work, or where a breach has taken place. Details for the office of the Information Commissioner in the UK are available at www.ico.org.uk.
This Fair Processing Notice was created on 15th May 2018. It is non-contractual. We reserve the right to amend it from time to time, and will take appropriate steps to bring any such amendments to your attention.
To contact us about the matters set out above, please contact:
or by registered post to
The College of Law Pension and Assurance Scheme Trustees
Suite 2, River House, Broadford Business Park
Shalford, Surrey, GU4 8EP