Privacy notice

Introduction

This notice provides you with information regarding the personal data about you which is held by the Standards in Public Office Commission in respect of its statutory functions under the following legislation: 

  • the Ethics in Public Office Act 1995 (as amended by the Standards in Public Office Act 2001);
  • the Electoral Act 1997, as amended;
  • the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014; and
  • Part 15 of the Local Government Act 2001.

The Standards in Public Office Commission fully respects your right to privacy.  Your personal data will be treated with the highest standards of security and confidentiality, in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (jointly referred to as ‘the Data Protection legislation’). 

This Notice uses certain words or terms which have a particular meaning under the Data Protection legislation.  See the Definitions section of this Notice for an explanation or definition of the words.

Who We Are and Who Controls your Data

Your personal data is held by the Standards in Public Office Commission (or ‘the Commission’ in this notice) which is the data controller for the purposes of the Data Protection legislation. 

The secretariat to the Commission is provided by the Office of the Ombudsman.  The Office of the Ombudsman is therefore a joint controller in so far as support services such as information and communications technology and corporate services (including finance) are a shared service.

We may be contacted at:

18 Lower Leeson Street, Dublin 2, DO2 HE97. 

Telephone: (01) 639 5666 

Email:  sipo@sipo.ie

Data Protection Officer

Our Data Protection Officer may be contacted at:

Email:  dataprotection@ombudsman.ie

Telephone: (01) 639 5760

Postal Address: 18 Lower Leeson Street, Dublin 2, DO2 HE97. 

The Data Protection Officer is designated for the Office of the Ombudsman, OIC, OCEI, SIPOC, CPSA and the Referendum Commission.

Your personal data and how we collect it

A very large amount of the personal data which we hold about you is provided by you in your phone calls, letters, emails or other communications with us. 

We may also hold personal data which has been provided by someone else or by someone on your behalf.  Where this occurs, further details are provided below.

The personal data we hold and where it comes from will depend on the function we are performing and the type of interaction with us. 

Prescribed Civil and Public Servants; Special Advisers; Members of the Oireachtas; Attorney General; Appointees to Senior Office; Witnesses of Statutory Declarations

We hold personal information (personal data) about the persons described above.  This personal data includes, for example: name; contact details; statements of interests (which can include details of occupational income, shares, directorships, land, gifts, property and services, travel facilities, remunerated positions and contracts); tax clearance certificates; statutory declarations; certain forms of identifiers such as passport numbers; and driving licence numbers.  The personal data can include special category personal data. The information provided is prescribed by statute.

This data is provided by: you; persons required to register; complainants; persons making enquiries; corporate donors; and publicly available information from the websites of other regulators, including the Companies Registration Office.

TDs; Senators; MEPs; appropriate officers of political parties; responsible persons of third parties; responsible persons of accounting units; responsible persons of corporate donors; national agents of political parties; election agents; and candidates at elections

We hold personal data about the persons described above.  This personal data includes, for example: name; contact details; bank account details; details of Stripe or Go Fund Me accounts; statements of accounts, statutory declarations, donors, copies of invoices/receipts/VAT numbers.  This personal data can include special category personal data. The information provided is prescribed by statute.

Complainants / Individuals Making Enquiries

We hold personal data about people who contact the Commission to make complaints or enquiries.  This personal data includes, for example, your name and contact details, details in relation to your enquiry or the purpose of your contact and any other personal data which you provide, which can include special category personal data.

Representatives

We hold personal data about representatives, including legal advisers, who act on behalf of people interacting with the Commission.  This data includes your name, contact details and details relating to the representative capacity or relationship with the person on whose behalf you are acting.  It also includes any other personal data which you provide. 

Investigations

The Commission has power to carry out investigations under the legislation (the Ethics in Public Office Act 1995 (as amended by the Standards in Public Office Act 2001); the Electoral Act 1997, as amended; the Oireachtas (Ministerial and parliamentary Offices) (Amendment) Act 2014, and Part 15 of the Local Government Act 2001.)

In conducting an investigation we get personal data about complainants, the subject of complaints, legal advisers, witnesses, consultants and service providers.  The personal data includes, for example, names, contact details, details as to activities, financial assets or holdings, etc. Information may be obtained from publicly available sources as well as from complainants or other sources. The personal data can also include special category personal data. 

In carrying out research, the Commission gets personal data from publicly available sources (such as the Companies Registration Office or media outlets).

This data is provided by the data subject, service providers, witnesses and other public bodies.

Visitors to our Website 

When someone visits www.sipo.ie we collect standard internet log information and details of visitor behaviour patterns.  Some of the information is used to create summary statistics, which allows us to assess the number of visitors to our site; identify what pages are visited most frequently and, ultimately, make the site more user friendly.

We do not attempt to find out the identities of those visiting our website.  We will not associate any data gathered from this site with any personally identifying information from any source

If we do intend to collect personal information we will make it clear and will explain what we intend to do with it

Certain pages on the website provide an option to request further information by email, or to make a complaint online. This information will only be recorded if you choose to send us a message and will only be used for the purpose for which you have provided it.

Staff of Public Bodies

We hold personal data about staff of public bodies in relation to their dealings with the Commission in the handling of Commission enquiries or in conjunction with the Commission’s outreach activities or as part of consultations with other public bodies.  The personal data includes the name, contact details, grade/role and information relating to the performance of their functions.  This personal data comes from the public body or from the individual.  

The Commission maintains a list of contacts within public bodies responsible for notifying the Commission of appointments to senior office. This includes the name, role and contact details of the liaison/contact person.

Emailing our Office 

We are part of the Government Services network. Any email sent to us, including any attachments, may be monitored and used by us for reasons of security and for monitoring compliance with office policy. Email monitoring or blocking software may also be used.

Please be aware that you have a responsibility to ensure that any email you send to us is within the bounds of the law.

Statutory Requests to this Office

We hold personal data about people who make statutory requests to the Commission, including for example people who make an FOI request or Data Protection access request looking for records or information held by the Commission.  The personal data includes the name and contact details and information relating to the statutory request. 

These statutory requests made to the Commission could also include personal data about someone other than the person making the request.  Whether they contain personal data and, if so, the type of personal data will depend on the request.  This information comes from the person making the request.

People on our Mailing List

We have a list of people we communicate with to inform them of publications, current developments and other matters of interest.  This contains your name, email address and/or contact details.

Suppliers / Service Providers / Other People in Contact with the Commission

We hold personal data about you where there has been contact between the Commission and yourself in relation to various matters including, for example contact regarding the supply of goods or services or invitations to the Commission to make presentations to seminars, attend conferences etc.  Suppliers or service providers includes, for example, legal advisers, auditors etc.  Other people in contact with the Commission includes, for example, journalists.  This personal data includes your name, contact details and information relating to the goods or services supplied, the seminar, conference etc.  It comes from your interactions with us.

Others

We have described above all the main categories of people whose personal data we hold.  We can hold data about people who do not fall within these categories.  For example, from time to time we hold personal data about people attending meetings or events with the Commission.  We confirm that all personal data is treated with the highest standards of security and confidentiality, in accordance with the General Data Protection Regulation (GDPR) and Data Protection legislation. 

What we use your data for and the legal basis

Functions under Ethics and Electoral Legislation

We use the information about you so that the Commission can carry out its functions under the Ethics in Public Office Act 1995 (as amended by the Standards in Public Office Act 2001); the Electoral Act 1997, as amended; the Oireachtas (Ministerial and parliamentary Offices) (Amendment) Act 2014; and Part 15 of the Local Government Act 2001.

In legal terms, our use of personal data is:

  • necessary for the performance by the Commission of a task carried out in the public interest or in the exercise of official authority vested in the Commission
  • necessary for reasons of substantial public interest, on the basis of the Data Protection legislation which is proportionate, respects the essence of the right to data protection and provides suitable and specific measures to safeguard your fundamental rights and interests.

General Administration & Compliance with Legal Obligations

We also hold information about you for the purpose of responding to statutory requests made to the Office (such as access requests under the FOI Act 2014, the Data Protection Act and the Access to Information on the Environment Regulations).  Doing this is necessary for compliance with the Office’s legal obligations. 

We use the mailing list of people we communicate with in order to inform them of publications, current developments and other matters of interest.  We will send you such communications if you consent to us doing so.  If you wish to be removed from this list, please let us know and we will remove you from the list without delay.

We also compile and publish statistics showing information like the number of reviews we receive, but not in a form which identifies anyone.

Who we share your information with

  • In carrying out our functions we share personal data. 
  • Joint controller: As explained above, the Office of the Ombudsman is joint controller of certain data relating to such services as corporate services (including finance) and IT.  For data protection purposes your personal data is considered to be shared with the Office of the Ombudsman.

In addition to the sharing of data with the Office of the Ombudsman as joint controller, your data is shared by our Office as set out below.

Some returns made under the Ethics and Electoral legislation are published on the website, including for example donation statements and certificates of monetary donation.

On occasion, we share your information with service providers, including, for example, legal advisors and translators. 

The Commission may also process requests for reimbursement of election expenses under the Electoral Act where an individual qualifies for such reimbursement. In these cases, your information, including financial information, is shared with the Department for Public Expenditure and Reform, which is responsible for administering payment of ordered reimbursements.

How long we keep your personal data

The length of time we hold your personal data for will depend on the type of document or record which contains the data.  Our Records Retention Policy for personal data sets out the time periods for different types of record.  See the table below for further details:

Record GroupRecord DescriptionRetention PeriodLegislation/RationaleFinal DispositionOwner of Record
General Administration
Stakeholder EngagementRecords relating to engagement with stakeholders (other than clients) including public bodies, stakeholder groups, international stakeholders, general public, Advisory Groups, Public Body Liaison Officers and media

Media queries:

-           Retain anonymised queries and responses for 5 years plus current year

Presentations/speeches:

-           Keep indefinitely

Contact lists:

-           Keep as long as group/network active

Supporting documents/correspondence:

-           Retain current year plus one year

Under the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001, and the Electoral Act 1997 (as amended), the Standards Commission has the authority to administer the legislation.

Section 25 of the 1995 Act and section 4 of the Electoral Act give the Commission the authority to provide guidance in relation to the Acts.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
Legal advice & legal servicesRecords relating to legal advice/services obtained internally or externally

Retain advice indefinitely

Retain correspondence until file closed plus 1 year

The Commission may from time to time seek legal advice on matters relating to the administration of the Acts within its remit, including advice on interpretation, operations, and investigation/enforcement matters.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
LegislationRecords relating to legislation affecting the office’s remit, including correspondence with stakeholders/public bodies regarding development/ modification of legislationSuperseded plus 5 yearsNo foreseeable value after this time

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation


Record GroupRecord DescriptionRetention PeriodLegislation/RationaleFinal DispositionOwner of Record
Statutory requestsRecords relating to FOI, DP, PSI and AIE requests received by the unit

Requests retained for 5 years

Decisions plus requester details retained indefinitely

Requests made under other statutes, including Freedom of Information Act, Access to Information on the Environment Act, Re-use of Public Sector Regulations, and the Data Protection Act must be processed in accordance with the provisions of those Acts.

While the Acts do not impose a retention period for retaining requests, it is important to keep a record of the final disposition of a document request in the form of a decision, to ensure there is a record of information released and to track information on trends.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
PublicationsRecords relating to the drafting and production of publications, including annual reports and yearly electoral reports

Retain final publication indefinitely

Retain supporting docs for one year post publication

Final publications in public domain should be retained for reference.

No foreseeable value for supporting documents after this time

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
   Electoral Acts
Guidelines (Electoral)Records relating to the development and establishment of guidelines under the Electoral Acts, including correspondence with public bodies and stakeholders

Retain final guidelines indefinitely.

Retain supporting documentation until superseded plus 3 years

Final publications in public domain should be retained for reference.

No foreseeable value for supporting documents after this time

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Election Expenses Statements (including Dáil, Seanad, bye-election, European and presidential elections)

Statements, statutory declarations, supporting documentation (receipts), reimbursement forms and related correspondence with clients and with DPER (for reimbursement orders) (paper and electronic files)Current plus 3 years

Section 73 of the Electoral Acts provides for retention of statements and declarations for a 3 year period. Under the Act, the Commission may order the reimbursement of

Expenses; information relating to the reimbursement, including correspondence, is retained to ensure accuracy and in case of audit during the retention period.

Section 4A of the Electoral Acts also provides that summary proceedings in relation to an offence must be commenced within 12 months of the date on which the offence was committed or within 6 months from which it is evident to the Standards Commission that an offence has been committed. No proceedings in relation to a summary offence can be commenced later than 5 years from the date on which the offence was committed. There are no statutory limitations for proceedings regarding political funding offences which are triable on indictment. 

The fact that there is an explicit provision for the retention of records in the Act means that the records may be disposed of at that stage regardless of the longer timeline for bringing proceedings for a contravention.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Annual Returns (Electoral): Members of Oireachtas and MEPs

Donation statements, certificates of monetary donation, statutory declarations, supporting documentation (receipts, bank statements), reimbursement forms and related correspondence with clients (paper and electronic files)Current plus 3 years

Section 73 of the Electoral Acts provides for retention of statements and declarations for a 3 year period. Under the Act, the Commission may order the reimbursement of

Expenses; information relating to the reimbursement, including correspondence, is retained to ensure accuracy and in case of audit during the retention period.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Register of Corporate Donors

Records relating to the establishment and maintenance of the Register of Corporate Donors, including correspondence with registrants/potential registrantsWhile registration is active plus 3 years

Section 73 of the Electoral Acts provides for retention of statements and declarations for a 3 year period.

Under s. 6(2) of the Statutory Declarations Act 1938, as amended, provides:

“Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings in relation to an offence under this Act may be commenced—

(a) at any time within 12 months from the date on which the offence was committed, or

(b) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom such proceedings are brought, is sufficient to justify the bringing of proceedings, comes to such person’s knowledge,

whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.”

 

Accordingly the document should be retained during the lifetime of its validity plus an additional three years (i.e. while holder is in position plus 3 years).

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Register of Political Parties and Accounting Units

 

Records relating to the establishment and maintenance of the Register of Political Parties and Accounting Units (branch level), including correspondence with registrants/potential registrantsCurrent plus 3 yearsSection 87 provides that the Commission may retain documents “for such period as it thinks fit”. Accordingly the same retention schedule that governs other declarations/documents in the Electoral Acts has been applied.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
Donation statements, certificates of monetary donation, statutory declarations, supporting documentation (bank statements), and related correspondence with clients (paper and electronic files)Current plus 3 yearsSection 87 provides that the Commission may retain documents “for such period as it thinks fit”. Accordingly the same retention schedule that governs other declarations/documents in the Electoral Acts has been applied.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Register of Third Parties

 

Records relating to the establishment and maintenance of the Register of Third Parties, including correspondence with registrants/potential registrantsWhile registration is active plus 3 yearsThe Act is silent on the retention period of documents relating to third parties. Accordingly the same retention schedule that governs other declarations/documents in the Electoral Acts has been applied.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
Donation statements, certificates of monetary donation, statutory declarations, supporting documentation (bank statements), and related correspondence with clients (paper and electronic files)Current plus 3 yearsThe Act is silent on the retention period of documents relating to third parties. Accordingly the same retention schedule that governs other declarations/documents in the Electoral Acts has been applied.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Political Parties Accounts (Donation Statement & Certificate of Monetary Donations)

Donation statements, certificates of monetary donation, supporting documentation (receipts, bank statements), and related correspondence with clients (paper and electronic files)Current plus 3 yearsSection 87 provides that the Commission may retain documents “for such period as it thinks fit”. Accordingly the same retention schedule that governs other declarations/documents in the Electoral Acts has been applied.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Party Leaders Allowance

Statements of Expenditure of Party Leaders Allowance and related correspondence (paper and electronic files)Current plus 6 years

Section 10 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 provides that the Commission may retain relevant documents “for such period as it thinks fit”. As the onus is on the person making the statement to retain documents for not less than 6 years, it would be appropriate to retain documents for the same duration.

Retention and public inspection

10C.(1) A person who makes, or causes to be made, a statement under section 10B shall keep records relating to the statement—

(a) in the case of a parliamentary leader of a qualifying party for a period of not less than 6 years, and

(b) in the case of an independent member and a personal representative for a period of not less than 6 years or such shorter period as the Commission may determine,

from the end of the financial year to which the statement relates.

(2) The Commission shall retain every statement and auditor’s report furnished to it under section 10B for such period as it thinks fit.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Operations:

-           Statement of Exchequer Funding

Statements of Expenditure of Exchequer funding and related correspondence (paper and electronic files)Current plus 3 years 6

6 Section 73 of the Electoral Acts provides that the [Public Offices] Commission

“shall retain at the office of the Commission for a period of 3 years—

(a) every copy of a statement and auditor's report furnished to it under section 20,

(b) every notification furnished under section 23 and every statement and declaration furnished under section 24 or 48, and

(c) every statement of election expenses and declaration furnished pursuant to section 36 or 56 together with the relevant invoices and receipts and copies of any relevant court orders…” 

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

Enforcement: Referrals to DPP/Gardaí under Electoral Acts

 

 

 

 

 

 

 

 

 

 

Records relating to the referral of contraventions of the Electoral Acts to the DPP/Gardaí

Summaries of referrals to DPP/Gardaí to be retained indefinitely.

All supporting documents to be disposed of when all timelines for appeals and challenges have passed

Section 4A of the Electoral Acts also provides that summary proceedings in relation to an offence must be commenced within 12 months of the date on which the offence was committed or within 6 months from which it is evident to the Standards Commission that an offence has been committed. No proceedings in relation to a summary offence can be commenced later than 5 years from the date on which the offence was committed. There are no statutory limitations for proceedings regarding political funding offences which are triable on indictment. 

Summaries of referrals, including the name of the person/organisation referred will be kept indefinitely.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
  Ethics Acts 
Codes of ConductRecords related to the establishment and modification of codes of conduct, including correspondence with stakeholders and public bodiesSuperseded plus three yearsNo foreseeable value beyond this period.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
Statements Of InterestStatements of Interest and related correspondence (paper and electronic files)

Statements:

-           Retained for current year plus 15 years

Related correspondence:

-           Destroyed once person in compliance

S. 34(1), Ethics in Public Office Act 1995 requires that statements of interest be retained for 15 years. The Commission recommends that those furnishing statements retain a copy for the same period.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
Tax Clearance/Statutory DeclarationsTax Clearance Certificates, Statutory Declarations, and related correspondence (paper and electronic files)

TCCs and SDs:

-           While person is in position plus 3 years

Related correspondence:

-           Destroyed once person in compliance

Evidence of compliance must be maintained while the person holds the office.

Under s. 6(2) of the Statutory Declarations Act 1938, as amended, provides:

“Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings in relation to an offence under this Act may be commenced—

(a) at any time within 12 months from the date on which the offence was committed, or

(b) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom such proceedings are brought, is sufficient to justify the bringing of proceedings, comes to such person’s knowledge,

whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.”

 

The document should be retained during the lifetime of its validity plus an additional three years (i.e. while holder is in position plus 3 years).

Related correspondence is unnecessary once the person is in compliance.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation
Enforcement (Ethics): Complaints, inquiries, investigations, referrals to DPP/Gardai, published reports  and significant cases

Records relating to complaints, inquiries, investigations, referrals to DPP/Gardaí, published investigation reports

 

Complaint (valid or invalid) that does not proceed to preliminary inquiry:

-           Retain summary of  complaint and disposition of matter indefinitely

-           Dispose of all supporting documents one year after file closed and until all avenues for appeal exhausted

Preliminary inquiry that does not proceed to investigation:

-           Retain summary of complaint and disposition of matter indefinitely

-           Retain inquiry report indefinitely

-           Retain supporting documents (including correspondence and statements) for 1 year after file closed and until all avenues for appeal exhausted

Investigation:

-           Retain investigation report (including any published appendices) indefinitely

-           Retain supporting documents (including correspondence and statements) for 1 year after file closed and until all avenues for appeal exhausted

Referrals to DPP/Gardaí:

-           Retain summary of referrals indefinitely

-           Retain supporting documentation until informed by DPP/AGS of disposition of file, and for one year after file closed


Section 6(6) of the 2001 Ethics Act provides that an inquiry officer shall retain documents for a “reasonable period” for the purposes of examining and copying it. In the absence of a defined retention period, the Commission has determined documents must be retained while file is active and until such time as all investigatory/enforcement activity is finally disposed of. Records containing personal data will be destroyed other than summaries upon closure of a complaint or reports (internal or published) at the conclusion of an investigation or inquiry.

Destroy by confidential shredding

Electronic data deleted from computer storage

Head of Ethics and Lobbying Regulation

 Your Data Protection Rights

Under the Data Protection legislation you have certain rights.  These rights arise in certain circumstances and are subject to certain exemptions or restrictions.    The Office is required by the legislation it administers to keep information obtained in the course of carrying out its functions confidential and this restricts your rights.  In particular, these rights are restricted in relation to the prevention, detection, investigation and prosecution of offences.

Your rights are:

  • right to access the data – you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data
  • right to rectification – you have the right to request that inaccurate personal data be corrected and that incomplete personal data be completed
  • right to erasure (or right to be forgotten) – you have the right to request that personal data be deleted
  • right to restriction of processing or objection to processing – you have the right to request that our use or processing of your data be restricted or to object to our processing of your data
  • right to data portability – you have the right to request that personal data be given to you or another person in a transferable or machine readable form.

If your personal data is held by us on the basis of your consent (or explicit consent), you have the right to withdraw that consent at any time.

If you would like to exercise any of your rights, please contact:

The Data Protection Officer

Email:  dataprotection@ombudsman.ie

Your right to complain

We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate.

You also have the right to lodge a complaint with the Data Protection Commission.  The Data Protection Commission may be contacted at:

Website: www.dataprotection.ie

Email:  info@dataprotection.ie

Telephone:  (0761) 104 800; Lo-Call 1890 25 22 31. 

Postal Address: Canal House, Station Road, Portarlington, Co Laois, R32 AP23. 

Requirements to Provide Personal Data and Possible Consequences of Failure to Provide

It is a statutory requirement for persons subject to the Acts the Commission administers to provide personal data. Failure to comply with the statutory obligations set out in the Acts may be an offence and liable to prosecution.

The Commission has power in certain circumstances to direct the provision of information. Where this power is exercised and a person fails to comply with the direction then that person may be guilty of an offence and liable to prosecution.

The Commission also has the power in certain circumstances to direct discovery of documents in accordance with the Rules of the High Court.

Further Information

This privacy notice was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of Commission’s collection and use of personal information. However, we are happy to provide any additional information or explanation needed. Please feel free to contact us. 

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Definitions

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Data Protection Act 2018 Amongst other things, this Act gives further effect to the GDPR (see below) in areas where Member State flexibility is permitted. 

Data Protection Officer  The GDPR requires some organisations to designate a Data Protection Officer (DPO).  Article 39 of the GDPR states that the data protection officer “shall have at least the following tasks:

  1. to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions;
  2. to monitor compliance with this Regulation, with other Union or Member State data protection provisions and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
  3. to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35;
  4. to cooperate with the supervisory authority;
  5. to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter.”

Data Subject means the identified or identifiable natural person to whom the personal data relates – see also the definition of personal data below.

The General Data Protection Regulations (GDPR) is an EU Regulation relating to data protection which came into force on 25 May 2018. 

Joint Controller.  Where two or more controllers (see above) joint determine the purposes and means of processing, they are joint controllers.

Personal Data means any information relating to an identified or identifiable natural person (‘data subject ’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Special Categories of Personal Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation.