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ARTICLE · 09 FEBRUARY 2006

Pension Scheme Trustees & Data Protection

MacRoberts
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A common misconception among pension scheme trustees is that once they employ a third party administrator, it is the administrator’s responsibility to deal with all aspects of pension scheme administration, including complying with data protection law requirements.

United KingdomGovernment, Public Sector
Valerie Surgenor
Valerie Surgenor
David Flint
David Flint
James Keith
James Keith
Peter Trotter
Peter Trotter
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Question:

"We are pension scheme trustees and use a third party (professional) administrator. Does that mean that we, as trustees, have no responsibility for complying with data protection law?"

Answer:

No!

A common misconception among pension scheme trustees is that once they employ a third party administrator, it is the administrator’s responsibility to deal with all aspects of pension scheme administration, including complying with data protection law requirements.

The Information Commissioner’s new Good Practice Note aims to clarify this situation and sets out the steps that trustees must take to comply with the Data Protection Act 1998 ("the Act"), which includes notification.

Notification is a straightforward process and there is an easy to follow step-by-step on-line process (http://www.informationcommissioner.gov.uk). Notification costs £35.00 and must be renewed annually.

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