Access and Utilization of Data Act 2025
The Data (Use and Access) Act 2025, which received Royal Assent on June 19, has introduced significant changes to pension schemes, particularly in the areas of data processing and court procedures for data subject access requests (DSARs).
- Data Processing Changes
The Act modifies how special categories of personal data (often processed by pension schemes) are handled. It updates legal grounds and safeguards for processing this sensitive information within pension schemes, aligning with a more permission-based approach rather than prohibition subject to exceptions. The Act also introduces a clarified and limited list of “recognised legitimate interests” that provide a statutory basis for certain types of data processing relevant to pension administration and governance.
- Court Procedure Modifications for DSARs
The Act changes how courts deal with DSAR disputes, encouraging that Subject Access Requests must be reasonable and proportionate. This potentially limits excessive or abusive requests, which can be significant for pension schemes managing sensitive member data. These court procedure changes aim to streamline dispute resolution processes involving data access claims to reduce systemic inefficiencies.
These provisions came into partial force on August 20, 2025, with further regulations expected to elaborate detailed implementations. This means some changes are active now, especially concerning special category data processing and DSAR court procedures. However, trustees and administrators should prepare for additional forthcoming rules.
In summary, pension schemes must update their data governance practices to comply with the new legal framework for processing sensitive data and be aware that DSARs will be subject to stricter reasonableness criteria under revised court procedures, which could affect how schemes respond to such requests.
It's important to note that the Act does not specify how data processing in certain categories will be affected, nor does it provide details about the exact nature of the changes to court procedures. The Act also does not detail the nature of the implications for the running of pension schemes.
These changes come as part of a broader effort to strengthen data protection laws, ensuring that personal data is used and accessed responsibly and securely. As the Act's full impact on pension schemes becomes clearer, it's crucial for trustees and administrators to stay informed and adapt their practices accordingly.
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