Privacy notice

For members and beneficiaries of the Avon Pension Fund

This privacy notice is for members and beneficiaries of the Avon Pension Fund and has been prepared by Bath and North East Somerset Council as the designated “Administering Authority” of the Avon Pension Fund. This privacy notice describes how we collect and use personal data in accordance with data protection legislation.

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. This notice is designed to give you information about the 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.

How we comply with the law

The Administering Authority holds personal data about you, in its capacity as a 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:

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;
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.

What personal data we hold, and how we obtain it

The types of personal data we hold and process about you 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, dependents or personal circumstances, for example, marital status and information relevant to the distribution and allocation of benefits payable on death.

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.

Our use of “Special Categories” of personal data

In some circumstances we will need to process “special categories” of personal data in order to calculate and pay appropriate benefits to you. This includes

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.

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.

Information about others

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 and in-house AVC arrangements, 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.
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.
to carry out an electronic identity check before paying benefits to you from the Fund.
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 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. The 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.

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:

Data processors	Data controllers
Tracing bureaus for mortality screening and locating members – currently Lexis Nexis, Accurate Data Services, ATMOS (UK mortality screening) and Convera UK Financial Ltd (for overseas mortality screening) Electronic identity checking service used before paying benefits to you – currently Lexis Nexis Printing companies – Toplink Envelopes Ltd Pensions software provider – currently Heywood Pension Technologies and i-Connect E-marketing suite provider - Spotler Limited	Actuarial consultant – currently Mercer Ltd Scheme benefit consultant – currently Mercer Ltd Investment adviser – currently Mercer Ltd Additional Voluntary Contribution providers – Currently Legal and General (Previously Aviva & Utmost Life) Legal adviser – currently Osborne Clarke Fund Actuary – currently Mercer Ltd Statutory auditor – currently the Audit Commission External auditor – currently Grant Thornton Internal auditor – currently One West LGPS National Insurance database – South Yorkshire Pensions Authority 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 HMRC The Courts of England and Wales – for the purpose of processing pension sharing orders on divorce Overseas payments provider to transmit payments to scheme members with non-UK accounts – currently Convera UK Financial Ltd

Data processors

Data controllers

Tracing bureaus for mortality screening and locating members – currently Lexis Nexis, Accurate Data Services, ATMOS (UK mortality screening) and Convera UK Financial Ltd (for overseas mortality screening)
Electronic identity checking service used before paying benefits to you – currently Lexis Nexis
Printing companies – Toplink Envelopes Ltd
Pensions software provider – currently Heywood Pension Technologies and i-Connect
E-marketing suite provider - Spotler Limited

Actuarial consultant – currently Mercer Ltd
Scheme benefit consultant – currently Mercer Ltd
Investment adviser – currently Mercer Ltd
Additional Voluntary Contribution providers – Currently Legal and General (Previously Aviva & Utmost Life)
Legal adviser – currently Osborne Clarke
Fund Actuary – currently Mercer Ltd
Statutory auditor – currently the Audit Commission
External auditor – currently Grant Thornton
Internal auditor – currently One West
LGPS National Insurance database – South Yorkshire Pensions Authority
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
HMRC
The Courts of England and Wales – for the purpose of processing pension sharing orders on divorce
Overseas payments provider to transmit payments to scheme members with non-UK accounts – currently Convera UK Financial Ltd

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

Transferring information outside the UK

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. 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 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. In practice, this means that your personal data will 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 from 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.

It is our intention to delete electronic data permanently from our records when the functionality becomes available. Please see our retention policy.

Your rights

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 "How we comply with the law", 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)

Updates

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.

Contacting us

Please contact the Fund’s Governance Team at APF_Governance@bathnes.gov.uk for further information.

Data Protection Officer

You may also contact our data protection officer email: i-west@bathnes.gov.uk for further information.

Download our Privacy Notice (PDF, 157.35KB)