This notice is for members [and beneficiaries] of the Local Government, Police and Firefighters Pension Schemes administered by the Dyfed Pension Fund (the “Fund”). It has been prepared by Carmarthenshire County Council (the “Administering Authority”, or “we”) in its capacity as the administering authority of the Dyfed Pension Fund and also as administrator of the Police Pension Scheme and the Firefighters Pension Scheme.
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.
Why we are providing this notice to you
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 the 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 technical bit
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’ and beneficiaries’ 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 usually be that we need to process your personal data to satisfy our legal obligations as the Administering Authority of the Fund. However, where that legal basis does not apply then the legal basis for our use of your personal data will 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
b) 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
c) 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 additional voluntary contributions to the Fund), or to take steps, at your request, before entering into a contract.
What personal data we hold, and how we obtain it
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.
• Information about your family, dependants 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 the 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.
How we will use your personal data
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’ and beneficiaries’ benefits and how that money should be invested).
• To comply with our legal and regulatory obligations as the administering authority of the Fund.
• 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.
Organisations that we may share your personal data with
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; they are referred to as processors. Other organisations will be responsible to you directly for their use of personal data that we share with them; they are referred to as controllers. You will be able to find out about their own data protection policies (which will apply to their use of your data) on their websites.
Whenever one of our advisers or service providers acts as a joint controller with us in respect of your personal data, because we jointly determine the purposes and means of processing it, we will agree with them how we are each going to meet our respective and collective obligations under the data protection legislation. If you would like more information about how such an arrangement works, please contact us using the contact details below.
The organisations that we may share your personal data with may include the following advisers and service providers:
• Accounting services – (Carmarthenshire County Council)
• Tracing bureaus for mortality screening and locating members and beneficiaries – (currently ATMOS Data Services)
• Overseas payments provider to transmit payments to Fund members and beneficiaries with non-UK accounts – (currently Western Union)
• Printing companies – (various, as assigned per tender)
• Pensions software provider – (currently Aquila Heywood)
• Suppliers of IT, document production and distribution services
• Tracing bureau locating members – (currently Target Professional Services, subject to tender)
• Actuarial consultant – (currently Mercers)
• Fund benefit consultant – (currently Mercers)
• Additional Voluntary Contribution providers – (currently Prudential, Standard Life & Equitable Life)
• Legal adviser – (currently Eversheds)
• Fund Actuary – (currently Mercer)
• External auditor – (currently the Audit General for Wales)
• Internal auditor – (currently Carmarthenshire County Council)
• LGPS National Insurance database – (South Yorkshire Pensions Authority)
• The Department for Work and Pensions
• The Government Actuary’s Department
• The Cabinet Office – for the purposes of the National Fraud Initiative
• Welsh Government
• Welsh Local Government Association
• National Local Government Association
• Department for Levelling Up, Housing and Communities
• Home Office
• The Courts of England and Wales – for the purpose of processing pension sharing orders on divorce
• Mid and West Wales Fire & Rescue Service (for current and past employees only)
• North Wales Fire & Rescue Service (for current and past employees only)
• Dyfed-Powys Police (for current and past employees only)
• Scheme employers
Where we make Fund investments or seek to provide benefits for Fund members and beneficiaries in other ways, such as through the use of insurance, then we may also need to share personal data with providers of investments, insurers and other pension scheme operators.
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 those entities to understand the liabilities and obligations of the employer regarding the Fund. 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.
Transferring information outside the UK
In some cases, these recipients 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. Article 49 of the GDPR would apply in such instances. Please use the contact details below if you want more information about the safeguards that are currently in place.
How long we keep your personal data
We will only keep your personal data for as long as we need it to administer the Fund and to deal with any questions or complaints that we may receive about this, unless the law requires us to keep it for a longer period. In practice, this means that your personal data may be retained for the greater of:
- Such period as you (or any beneficiary who receives benefits after your death) are entitled to benefits from the Fund and for a period of 15 years after those benefits stop being paid. 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; or
- 100 years for a member’s date of birth; or
- 100 years from the date of birth of any beneficiary who received benefits from the Fund after the member’s death.
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 marking purposes.
You can obtain further information about these rights from the Information Commissioner’s Office at: www.ico.org.uk or via their 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 such information or ask that the personal data we already hold is deleted or restricted this may affect the payment of benefits to you (or your beneficiaries). 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 and beneficiaries of the changes and the date on which the changes take effect.
Data Protection Officer
You may contact the Dyfed Pension Fund for further information or our data protection officer:
Data Protection Officer
Carmarthenshire County Council
Email Address: JWTillman@carmarthenshire.gov.uk