Data Protection Complaints Procedure
The Trustee as the “data controller” for the 鶹 Pension Scheme (the Scheme) is required by law to have a procedure for handling data protection complaints.
Regulations Governing the Data Protection Complaints Procedure
The Trustee as the “data controller” for the 鶹 Pension Scheme (the Scheme) is required by law to have a procedure for handling data protection complaints. The Information Commissioner’s Office (ICO) expects individuals to have gone through the Scheme’s internal complaints process before contacting it in relation to a data protection complaint. The following procedure has been adopted by the Trustee, who may alter it from time to time.
Information about the data that the Scheme holds and how this data is used can be found in the Scheme’s Privacy Notice mypension/documents/privacy
Scope
This procedure applies to complaints to the Trustee relating to how the Scheme has handled your personal data. Examples of complaints might include:
- Concerns that your personal data has not been handled securely
- Difficulties in exercising your rights under the UK GDPR or Data Protection Act 2018
- Your personal data being retained for longer than you consider necessary
This procedure does not apply to:
- Complaints about the administration or running of the Scheme. These complaints can be raised via the Scheme’s Internal Dispute Resolution Procedure (IDRP), details of which can be found at If you are not sure which procedure to use, please contact the pension service line on 030 3081 2848 or at mypension@bbc.co.uk
- Disputes relating to your employment, including data protection complaints.
1. Who can make a complaint
You can raise a complaint under this procedure if :
- the Trustee or those acting on its behalf control or process your personal data, and
- you consider that data protection legislation has been infringed because of the way your personal data has been handled.
A third-party can make or continue a complaint on your behalf on provision of suitable authority, for example a letter of authority, or a Power of Attorney.
If you are a child, you can make a complaint if you are competent to do so. The Trustee may reject your application if it is evident that you are acting against your own best interests or that you are otherwise not competent.
If you are an adult with parental responsibility, you can make an application on behalf of your child if they provide authority to do so or if your child is not competent to make the application themself.
2. How to make a complaint
Your complaint should be in writing and signed by you or on your behalf. It must contain the following information:
- your full name and address, date of birth and (if you have worked) your National Insurance number;
- the nature of your complaint;
- the date the issue occurred;
- what outcome you are seeking from the complaint; and
- copies of any evidence to support your complaint, if applicable.
If someone is making a complaint on your behalf, they will also need to provide evidence that they are authorised to act on your behalf. Examples of evidence include a power of attorney or a signed letter of authority.
The application must be sent FAO Data Protection Complaints, by post to 鶹 Pension and Benefits Centre, 3 Central Square, Cardiff CF10 1FT, by email to mypension@bbc.co.uk or uploaded via myPension Online.
Where complaints are received informally, for example via telephone, the Scheme will record them in writing to ensure they are handled accurately.
Your complaint will be acknowledged within 30 days of receipt of your application. If you have not received an acknowledgement within this timeframe, please contact the pension service line to check that your complaint has been received. If there is any doubt about your identity you may be asked to provide identification such as a copy of your passport or driving licence.
Once all requirements have been met, the Administration Manager (or the nearest equivalent to this office from time to time) will investigate the complaint. A written decision will be provided within two months. If this is not possible you will be told why there is a delay, and when a decision can be expected.
The written decision will:
(a) let you know the outcome of the investigation;
(b) explain what has been done to resolve your data protection complaint; and
(c) where appropriate, confirm the actions taken as a result of the complaint
3. Further Action
If you are unhappy with the outcome, you have the right to complain to the Information Commissioner’s Office (ICO).
Information about how to raise a complaint can be found on the ICO’s website ico.org.uk/make-a-complaint.