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Contact about Civil Service Pension Schemes

FOI reference - FOI-4064
Date - 22 August 2019

Request

Civil Service Pension Schemes - "please would you let me know whether The Pensions Regulator was aware of the problems highlighted by my original email and confirm whether appropriate action had been, or is being, taken".

Response

We neither confirm nor deny that we hold information falling within the description specified in your request. 

This is because Section 44(1)(a) FoIA – restricted information under s82 Pensions Act 2004 (PA04).

The reason that we cannot confirm or deny that we hold the information is because disclosure of the sort of information requested is prohibited under an enactment, save in certain circumstances which do not apply here.

As we have been given strong powers to demand documents and other information from trustees, employers and others, those powers are also balanced by restrictions on how we disclose the information provided to us. The type of information you have requested would be 'restricted information'. Restricted information is defined at section 82(4) of the PA04 as:

"...information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person". 

Under section 82(5) of the PA04 it is a criminal offence to disclose such information except as permitted under that Act.

Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA04 prohibits disclosure and we are unable to disclose the requested information. This exemption is absolute and does not require a public interest assessment be undertaken.

This should not be taken as any indication of whether or not we hold the information you requested.