Sue
You must remember that finding a lawful justification under schedule 2 is
only a small part of complying with the first principle. The disclosure also has
to be fair and generally lawful as well. Common law confidence, human
rights, legitimate expectation and the fair processing code will also have to be
considered. As such, the regulations under which the FSA and the fund operate
are not that important. Their right to have the information would depend upon
their right to demand the information or the exemption under which you could
disclose without the person's knowledge and/or consent. Most financial
organisations of a commercial nature operate under FSA and IR regulation - this is to
ensure they operate legally and fairly, it is not really a reason for making
the disclosure in my view.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
-----
In a message dated 04/02/05 13:24:20 GMT Standard Time, [log in to unmask]
writes:
> A Pension Provider working under a trust fund has asked for student
> status only.
>
> WE are not able to rely on consent or implied consent and are not able
> to rely on conditions 1 (consent) and 2 (contract) of Schedule 2.
>
> I wonder if I condition 5(b) functions conferred...by or under any
> enactment is applicable. I appreciate that the onus is on the person
> requesting information to provide details.
>
> My understanding from the Provider is that they operate under rules that
> are governed by the Financial Services Authority and under Inland
> Revenue legislation.
>
> I would welcome any comments on any statutory legislation or regulations
> that Pensions Providers work under?
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