The administering authority of the Fund is the City of Edinburgh Council which is registered as a data controller with the Information Commissioner’s Office under registration number Z5545409.
The Fund is a Local Government Pension Scheme which administers pensions on behalf the Fund’s c.67 employers and c.79,000 members.
To provide pension services to our members and scheme employers, we collect, store, use, share, and dispose of personal data. This is known as data processing. Because the Fund decides how and why the processing is carried out for the proper handling of all matters relating to the Fund, including its administration and management, it is also a data controller. The Fund processes your data (and personal data relating to your beneficiaries) in order 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.
Data subjects are defined by data protection law as individuals whose data we hold. We have identified the following categories of people as “data subjects” and this policy will apply to all of them:
We may collect and process the following data about you by asking you to fill in forms on our website (and to register to use such website) or to subscribe to receive e-newsletters or other services. We may also ask you to take part in customer feedback to improve our services.
We will keep:
The information about you which we collect and process may include:
The information may include sensitive personal data including but not limited to, your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or data concerning your physical or mental health or condition or sexual orientation.
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.
In addition to the information you provide us, we may also receive personal data about you from other sources, such as:
Data protection law says that Data Controllers may only process personal data if they have a lawful basis to do so. Depending on the exact nature of the personal data and the reasons for processing it, the lawful basis may change. However, under the applicable law and regulations governing the Fund’s activities, we have a duty to provide and administer pensions for our members and to invest and safeguard the assets of the Fund. So, usually, the reason we process your personal data is so that we can carry out our legal duties.
Other reasons we might need to process your personal data are:
No. As mentioned above, the data processing carried out by the Fund is necessary for compliance with the Fund’s legal obligations, being the statutory duties and powers set out in the legislation applicable to local government pension schemes in Scotland. For such reason, we do not require the express consent of our members in order to process their personal data for this purpose. If the Fund could not process this personal data, we would not be able to carry out our legal duties.
This equally applies to any data identified as being “special category personal data”. 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.
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 use information held about you to administer your pension benefits, including:
Your data will not be kept for any longer than it is needed by the Fund to carry out our processing activities. Paper and electronic records will be disposed of in a secure way. The exact length of time we keep your data will depend on the purpose for which it is collected.
The Fund has a Records Retention Schedule which governs how long your records will be kept. In practice, this means that your personal data will be retained for such period as you (or any beneficiary who receives benefits after your death) are entitled to benefits from the Fund and for a suitable period 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.
Your data will be stored securely by the Fund’s pensions administration software provider, Heywood Limited. Their registered address is Aquila House, 35 London Road, Redhill, Surrey RH1 1NJ. Your data may also be hosted on the City of Edinburgh Council's corporate network, in accordance with the Fund’s Records Management Policy.
You have the right to request access to any data which we may keep on you. If any information kept about you turns out to be inaccurate or incomplete, you have the right to request that the information be corrected.
If you have left the Fund and feel there is no reason for us to continue to process your data, or if you believe your data is being processed unlawfully, you have the right to request that we delete any information held about you.
In certain circumstances, you have the right to restrict processing of your data, meaning the Fund will keep your information on file, but will be unable to do anything with it until the restriction is lifted. Processing will be restricted while the Fund corrects information which is inaccurate, while we process a request to have your data deleted and where the Fund no longer has a reason to process your data, but you require it to establish, exercise or defend a legal claim.
As explained above, one of the reasons we collect and hold your personal data is to administer your 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 we are unable to put your pension into payment or has to stop your pension (if already in payment).
You will not normally have to pay a fee to exercise any of these rights, however we may charge you for our administrative costs in certain cases if the request is particularly excessive or if you request further copies of your data.
The right to lodge a complaint with the Information Commissioner’s Office (ICO) if you feel your data is not being handled properly. More information on how to do this can be found on the ICO's website.
More general information and advice on Data Protection is also available on the ICO's website.
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. 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.
Some of these third parties may store personal data outside the United Kingdom. Countries within the European Economic Area (EEA) have high standards of data protection law which comply with GDPR. Where personal data is transferred outside the EEA, such transfers will be in full compliance with data protection legislation.
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.
The Fund must appoint a Data Protection Officer to make sure we are complying with data protection law.
The Fund’s Data Protection Officer is currently Kevin Wilbraham, City of Edinburgh Council’s Information Governance and Strategic Complaints Manager, Information Governance Unit, City of Edinburgh Council, Waverley Court - 2.1, 4 East Market Street, Edinburgh EH8 8BG,
Email: Information.email@example.com | Tel: 0131 469 6200.
Should you have any complaints or comments about our processing and use of your personal data, or if you wish to report an incident, please contact Struan Fairbairn, Chief Risk Officer of the Lothian Pension Fund, PO Box 24158, Edinburgh, EH3 1GY
Email: firstname.lastname@example.org | Tel: 0333 996 1900
If you still have concerns about the processing and use of your personal data, you can contact UK Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, Tel: 08456 30 60 60.
(LPF contact details updated February 2022)