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Data Protection and Access Requests

Introduction

The EU General Data Protection Regulation 2016/679 (GDPR) was introduced on 25 May 2018. It was transposed into Irish law by the enactment of the Data Protection Act 2018. This European and national legislation regulates the processing of personal data of a living person (known as a ‘data subject’). Essentially, this legislation is designed to strengthen the protection of the rights and freedoms of data subjects.

The Food Safety Authority of Ireland (FSAI) is fully committed to the protection of the rights and freedoms of individuals whose personal data it holds. For further information on how the FSAI collects, stores and uses personal information relating to data subjects, please see the FSAI’s Data Protection Statement.

Data Controller

The FSAI is a Data Controller for all personal data collected for the purposes of its core activities.

Your data protection rights

Under data protection legislation, you have designated rights. Subject to certain restrictions, which are set out below, you may exercise these rights in relation to your personal data that is processed by the FSAI.

Your rights are as follows:

1. The right to be informed about the processing of your personal data
2. The right to access your personal data
3. The right to the rectification of your personal data
4. The right to the erasure of your personal data
5. The right to data portability
6. The right to object to the processing of your personal data
7. The right to restrict the processing of your personal data
8. Rights in relation to automated decision making (includes profiling)

Restriction of data subject rights in certain circumstances

Article 23 of the GDPR allows for data subject rights to be restricted in certain circumstances. In addition, the Data Protection Act 2018 contains certain provisions dealing with the restriction of the rights of data subjects (in particular, Sections 59, 60 and 61) which give further effect to the provisions of Article 23. General guidance in relation to the application of Article 23 and the related provisions of the 2018 Act have been provided by the Data Protection Commission (DPC) and this is available on its website: www.dataprotection.ie.

Section 60 of the Data Protection Act 2018 provides for restrictions on the obligations and on the rights of data subjects for important objectives of general public interest.

Data Subject Access Requests

To make a request, please write to the Data Protection Officer (DPO) at the FSAI.

The contact details are as follows:

By post

Data Protection Officer (DPO), Governance and Information Unit, Food Safety Authority of Ireland (FSAI), The Exchange, George’s Dock, D01 P2V6, Dublin 1

By email

dpo@fsai.ie

In your email/letter, you should:

  • state that you are making a request under the GDPR and Data Protection Act 2018
  • provide as much information as possible about the records and/or information you require
  • specify how you would like to receive the information – that is, would you like to receive it by post or by email?
  • Alternatively, you may use the Data Subject Access Request form

Proof of identity

Before you may be given access to personal information relating to yourself, you will be asked to provide proof of identity. This is requested to ensure that information is released to the appropriate person and sent to the correct email or postal address. You are asked to provide two types of identification. These are as follows:

  • a copy of your identification bearing your full name and photograph (for example, passport, driver’s licence, etc.)
  • proof of address to which the materials are to be sent (for example, the top of a utility bill bearing both your name and address). This must be less than six months old.

Timeframe

The time it takes to process your request may vary depending on the records and/or information you are looking for and how many other requests are being processed at the same time. The FSAI endeavours, however, to get the information to you within one calendar month. Where it may take longer to process your request, the FSAI will contact you to make you aware of this and to give you an indication on when you may expect to receive your information.

Allowing somebody to access your information

When making a Data Subject Access Request, you may request that your information be sent to a third party who you appoint (for example, a solicitor, health professional, family member, etc.). The FSAI will only give your information to someone else when it has your explicit consent to do so. Requests should be made as outlined above but the FSAI must also receive a letter signed by you, stating that you give your consent to the release of the records to the named individual. The FSAI may contact you about the request to release your information to a third party if further information and/or clarification is required.

Contact details for the Data Protection Officer (DPO)

Should you have questions about how the FSAI uses your information, or if you are concerned about any issue related to your personal data, you are welcome to contact our DPO.

The contact details are as follows:

By post

Data Protection Officer (DPO), Governance and Information Unit, Food Safety Authority of Ireland (FSAI), The Exchange, George’s Dock, D01 P2V6, Dublin 1

By email

dpo@fsai.ie

Further guidance on data protection

The Data Protection Commission (DPC) is the supervisory body for the GDPR in Ireland. Its website provides information on the GDPR, the Data Protection Act 2018 and other relevant legislation on the protection of the rights and freedoms of individuals in relation to the processing of his/her/their personal data.

The contact details for the DPC are as follows:

By post

Data Protection Commission, 21 Fitzwilliam Square South, D02 RD28, Dublin 2

Telephone

1800 437 737 or 01 7650100

Website

www.dataprotection.ie

Closed Circuit Television (CCTV) Policy

Images captured by Closed Circuit Television (CCTV) systems are personal data. Consequently, they are subject to the provisions of the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and related legislation.

This Closed Circuit Television (CCTV) Policy sets out the basic conditions of use for CCTV systems in the Food Safety Authority of Ireland (FSAI) premises located at The Exchange, Georges Dock, IFSC, Dublin 1.