Dublin: Your Personal Data Protection: INFO

A 2005 Public Awareness Survey commissioned by the Office of the Data Protection Commissioner found that the-younger age group displayed some of the lowest levels of awareness and knowledge of data protection and personal privacy issues.

In response to this finding, we consulted with teenagers and young adults and took into account their opinions and issues concerning their personal privacy.Some of our initiatives to promote awareness of data protection and privacy issues amongst this age group include :

 Among the initiatives to promote awareness of data protection and privacy issues among the younger age group include :

• CSPE Resource Booklet
• Video Clip Competition
• Young Social Innovators 2008 - Survey
• Privacy Survey 2010: "The I in Online"
• Office for Internet Safety - Updated Parental guides for Internet Safety                                                                

A guide to your rights

This short guide outlines your data protection rights and the responsibilities of those who hold and process your personal details. It is not a legal document. If you need further information after reading this guide, please contact us or visit our website atwww.dataprotection.ie.

What is data protection?

When you give your personal details to an organisation or individual, they have a duty to keep these details private and safe. This process is known as data protection. We refer to organisations or individuals who control the contents and use of your personal details as 'data controllers'.

Most of us give information about ourselves to groups such as Government bodies, banks, insurance companies, medical professionals and telephone companies to use their services or meet certain conditions. Organisations or individuals can also get information about us from other sources. Under data protection law, you have rights regarding the use of these personal details and data controllers have certain responsibilities in how they handle this information.

When do these rights apply?

You have the right to data protection when your details are:

• held on a computer;
• held on paper or other manual form as part of a filing system; and
• made up of photographs or video recordings of your image or recordings of your voice.

What is the aim of these rights?

Data protection rights will help you to make sure that the information stored about you is:

• factually correct;
• only available to those who should have it;
• only used for stated purposes.


When should I contact the Data Protection Commissioner?
If you are not happy with how your details are being used, you should contact the organisation in question. If you believe that the organisation or individual is still not respecting your data protection rights, you should contact the Office of the Data Protection Commissioner to ask for help.
What are my rights?
You have a range of rights when a person or organisation takes and records your personal details. Please read this section carefully to make sure that you are aware of your rights.
1. Right to have your details used in line with data protection regulations
A data controller who holds information about you must:
•  get and use the information fairly;
•  keep it for only one or more clearly stated and lawful purposes;
•  use and make known this information only in ways that are in keeping with these purposes;
•  keep the information safe;
•  make sure that the information is factually correct, complete and up-to-date;
•  make sure that there is enough information – but not too much - and that it is relevant;
•  keep the information for no longer than is needed for the reason stated; and
•  give you a copy of your personal information when you ask for it.
2. Right to information about your personal details
Data controllers who obtain your personal information must give you:
•  the name of the organisation or person collecting the information or for whom they are collecting the information;
•  the reason why they want your details; and
•  any other information that you may need to make sure that they are handling your details fairly – for example the details of other organisations or people to whom they may give your personal details.
If an organisation or individual gets your personal details from someone else and not directly from you, they must tell you which details they hold and give you the name of the original data controller.
3. Right to access your personal details
You can ask for a copy of all your personal details by writing to any organisation or person holding these details on a computer or in manual form. See the section below on 'How to request access to your details'.
You can also ask the data controller to inform you of any opinions given about you, unless the data controller considers that the opinions are confidential. Even in such cases, your right to such information will usually be greater than the right of the person who gave this opinion in private. This right does not apply, however, in a small number of cases where it could harm certain interests – for example when someone is investigating an offence.
You should also be informed of, and given the chance to object to, any decisions about you that are automatically generated by a computer without any human involvement.
4. Right to know if your personal details are being held
If you think that an organisation or individual may be holding some of your personal details, you can ask them to confirm this within 21 days. If they do have personal details about you, they must tell you which details they hold and the reason why they are holding this information. You can ask for this information free of charge.


5. Right to change or remove your details
If you discover that a data controller has details about you that are not factually correct, you can ask them to change or, in some cases, remove these details.
Similarly, if you feel that the organisation or person does not have a valid reason for holding your personal details or that they have taken these details in an unfair way, you can ask them to change or remove these details.
In both cases, you can write to the organisation or person, explaining your concerns or outlining which details are incorrect. Within 40 days, the organisation must do as you ask or explain why they will not do so.
6. Right to prevent use of your personal details
You can also ask a data controller not to use your personal details for purposes other than their main purpose – for example for marketing.
You can do this by simply writing to the organisation or person holding your details and outlining your views. Within 40 days, they must do as you ask or explain why they will not do so.
7. Right to remove your details from a direct marketing list
If a data controller holds personal details about you for direct marketing purposes, you can ask them to remove your details. You can do this by writing to the organisation or person holding these details. They must let you know within 40 days if they have dealt with your request.
8. Right to object
A data controller may intend to use your details for official purposes, in the public interest or for their own interests. If you feel that doing so could cause you unnecessary damage or distress, you may ask the data controller not to use your personal details.
This right does not apply if:
•  you have already agreed that the data controller can use your details;
•  a data controller needs your details under the terms of a contract to which you have agreed;
•  election candidates or political parties need your details for electoral purposes; or
•  a data controller needs your details for legal reasons.
You can also object to use of your personal details for direct marketing purposes if these details are taken from the electoral register or from information made public by law, such as a shareholders' register. There is no charge for objecting.
9. Right to freedom from automated decision making
Generally, important decisions about you based on your personal details should have a human input and must not be automatically generated by a computer, unless you agree to this.  For example, such decisions may be about your work performance, creditworthiness or reliability.
10. Right to refuse direct marketing calls or mail
If you do not want to receive direct marketing telephone calls, you should contact your service provider. They will make a note of your request in the National Directory Database (NDD) 'opt-out' register. It is an offence to make direct marketing calls to any phone number listed in the NDD. If you have not included your phone number in this register, you can also refuse such calls by simply asking the caller not to phone you again.
An organisation must get your permission before they contact you by fax machine or automated dialling for direct marketing purposes.
An organisation must also get your permission before they send marketing emails to your computer or before they send marketing text messages to your mobile phone.
How do I request access to my details?
To request access to your details, send a letter or email to the organisation or person holding your personal details and ask them for a copy of this information. The details should be easy to understand and you should receive them within 40 days of your request. You may have to pay a small fee, but this cannot be higher than €6.35.
In your request you should:
•  give any details that will help the person to identify you and find your data – for example a customer account number, any previous address or your date of birth; and
•  be clear about which details you are looking for if you only want certain information. This will help the organisation or person respond more quickly.
Some sample wording appears below as a guide.

Dear Data Protection Officer,
Under the Data Protection Acts 1988 and 2003, I wish to make an access request for a copy of any information you keep about me, on computer or in manual form.
[My customer account number is ...]
[My date of birth is...]

[My previous address was....]

Yours faithfully,

[Name]


What is the role of the Data Protection Commissioner?
The Data Protection Commissioner aims to make sure that your rights are being upheld and that data controllers respect data protection rules. If you think that an organisation or person is breaking these rules and you are not satisfied with their response to your concerns, you can complain to the Commissioner.
How do I make a complaint to the Commissioner?
To make a complaint, simply write to or email the Data Protection Commissioner explaining your case. In your letter or email, you should:
•  name the organisation or person you are complaining about;
•  describe the steps you have taken to have your concerns dealt with;
•  give details of any response which you have received; and
•  provide copies of any letters or emails exchanged between you and the organisation or person.
The Commissioner will investigate your complaint and try to resolve the matter in the best way possible. If this is not possible, you may ask the Commissioner to make a formal decision on whether the data controller has violated your rights. However, the Commissioner cannot award you compensation. If the Commissioner agrees with your complaint, he will try to make sure that the data controller obeys the law and puts matters right. If the Commissioner rejects your complaint, he will let you know in writing. If you are not happy with the Commissioner's decision, you can appeal the decision in the Circuit Court.
Can I claim compensation?
Organisations or people holding your personal details have a legal duty to handle this data with care. If you suffer damage through the mishandling of your personal details, you may be able to claim compensation through the courts. You should discuss this matter with your solicitor. The Commissioner has no function in these actions and cannot give you legal advice.
Further information
If you need further information about your rights, you can contact our office by telephone or email or you can visit our website. We will also send you information on data protection rules, free of charge, when you contact us at: 
The Office of the Data Protection Commissioner
Canal House
Station Road
Portarlington
Co. Laois

LoCall: 1890 252 231
Tel: 057 868 4800
Fax: 057 868 4757
Email: info@dataprotection.ie
Website: www.dataprotection.ie
Key terms
The following terms are useful when reading this guide:
Data – information or facts that are usually stored on a computer or on paper
Data controllers – a person or group of people who control the contents and use of personal details. Data controllers can either be legal entities such as companies, Government departments or voluntary organisations or they can be individuals such as general practitioners (GPs), pharmacists or sole traders.
Manual data – information stored on paper as part of a filing system.



The Garda Síochána (the national police force) hold a large volume of records in relation to individual members of society. These records are gathered and stored as part of the main function of the Gardaí; that is, to investigate and detect crime, to protect life and property and to prevent crime.
The Data Protection Acts 1998 to 2003 confer rights on you to access certain information (on computer, in manual or paper files) about you which is held by the Gardaí. An example of this information would be any entry by the Gardaí on the Garda PULSE system (the Garda computer system), or in Garda investigation files.
www.citizensinformation.ie/en/justice/law_and_rights/access_to_garda_records.html 
Registry Details for 'Commissioner of an Garda Siochana'

Company Name:	Commissioner of an Garda Siochana
Ref Number:	0315/A
Reg Type:	DC+DP
Company Address:	Garda Headquarters Phoenix Park Dublin 8
Contact:	SuperintendentSarah Meyler
Purpose:	Law enforcement. Compliance with powers and functions assigned in consonance with Garda Siochana Act and legislation, and demands for Police service. The Mission Statement of an Garda Siochana is working with communities to protect and serve.
Continuation Due Date:	11/12/2014
Description:	(1) Exam Office Garda College database. Record of students examinations Registered number, names, addresses, stations and results of exams undertaken by students, records/administration (2) Human rights office database. Co-ordinate human rights agencies / contacts Names and addresses (Irish and Foreign Agencies) used for records and administration (3) Chief Superintendents and Superintendents development database. Particulars of participants in officer Development courses Registered number, name, rank and Division of attendees used for records and administration (4) Exchange programmes database. To manage and facilitate exchange programmes. Names, addresses, registered numbers of participants used for records and administration (5) Seminars database. Co-ordination of Seminars conducted. Names and addresses, contacts, used for records and administration (6) Conference database. To record and manage. Names, addresses personnel involved, Divisions used for records and administration (7) National Quality Service Bureau mailing list Indexation of contacts particulars. Names and addresses including e-mail address of Gardai and civilians used for administration and records (8) Divisional customer service panel database Registration of contact particulars. Names and addresses inclusive of nominees / contacts, e-mail addresses used for administration and records (9) Divisional Inspectors list database. Record of office holders Names and addresses including e-mails addresses used for administration and records (10) Medical office daily list students database. To record student attendance with medical officer. Name, intake date, nature of illness, record of attendees (11) Injury list students database. Record of injuries to student Gardai Name, intake date, nature of illness, record of attendees (12) Sick list phase 2 students database. Record of sickness Phase 2 students Name, date, nature of illness, record of sick leave (13) Sick list staff database. Sick record of staff members Name, date, nature of illness, record of sick leave (14) Hepatitis 'B' List students database. To record recipients of Hepatitis B inoculations - Students. Name, intake, dates of inoculations, blood test results etc. Record of attendees, System undate in 2005 whereby the Occupitational Health Management System (OHSSYS) was extended to the College Medical Department for the purpose of recording vaccinations for students (15) Hepatitis 'B' List staff database. To record recipients of Hepatitis B inoculations - Staff. Name, dates of inoculations, blood test results etc. Record of attendees. System undate in 2005 whereby the Occupitational Health Management System (OHSSYS) was extended to the College Medical Department for the purpose of recording vaccinations for students (16) Admin office Household database. To manage external accommodation - students Names, address, telephone and payments. Record of external accommodation (17). E.U. Fund database. To record EU projects in organisation. Details of E.U. funded projects within an Garda Siochana - accounts records containing names and details of persons who have received E.U. funding (18) Assistant Commissioners office Educational Qualifications database. To record educational courses of members Name, registered number, rank, qualifications - recording 3rd level educational courses of members (19) Administration office bedroom allocation database. Names intake room number - record of internal accommodation (20) Physical studies FITECH (software application) To measure the fitness level of students. Name, sex, intake, registered number, fitness level, recording fitness levels (21) Physical studies assessment database. Management of results of fitness tests. Name, sex, intake, registered number, fitness level, recording fitness levels (22) Student / Probationer Administration Student Intake database. To record intake of Garda students to Garda College. Student intakes - names, address, sex, registered number, station education etc (23) In-service-training Pre-retirement database. To maintain record of pre-retirement participants. Name, rank, registered number, station, course, date etc, administration, queries (24) Stores inventory database. To manage stores and assets Names and telephone number of suppliers, inventory control (25) Staff inventory database. To record and manage issue of uniforms to staff and Garda intake. Names, registered numbers of staff, students Inventory control (26) Information Technology Training Section. Garda Siochana staff list database. Monitor and control of P.U.L.S.E. training in an Garda Siochana Names, registered number, station PULSE training - recording level of personnel training on P.U.L.S.E (Acronym for Police Using Leading Systems Effectively) (27) Divisional P.U.L.S.E. trainers database. To monitor Divisional P.U.L.S.E. training capacity. Names, registered number, station P.U.L.S.E. trainers - administration, queries (28) Divisional P.U.L.S.E. agents database. To identify PULSE agents in Divisions. Names, registered number, station PULSE agents - administration, queries (29) I.T. Training database. To record technical training provided to Garda members and students Names, registered number, members trained, requiring training in computer skills, courses / queries (30) I.T. Staff Training database. To record technical training provided to Garda members and students. Names, registered number, members trained, requiring training in computer skills, courses / queries (31) ALICE library software application. Software package to monitor book borrowings. Registered number, names and addresses of students who borrowed books (32) Library - Periodical list database. To maintain periodical circulation list. Details of department/offices - mailing list. Contains names of person who receive periodicals from the library (33) Chief Superintendents office staff list database. To facilitate nominal role and staff particulars. Staff names, past and present to the college, registration number and their allocated sections - administration purpose (34) Transfers list database. To record particulars of Garda transfers effected at the Garda College Names registered numbers of person's transfers to and from the college (35) Qualifications database. Staff educational qualifications. Name registered number and details of staff educational qualifications (36) List of Courses database. To track borrowing and return of books and materials. Registered number, names and addresses of members on courses who borrowed books (37) Sergeants and Inspectors Promotion course database. Particulars of Inspectors and Sergeants promotion courses. Names and registered numbers of Sergeants / Inspectors who have participated in supervisory development programmes or who have to undergo programmes (38) Medals database. Used to record the awarding of long service medals. Names and registered numbers of members who have long service medals (39) Career Details (forms) database. Electronic record of illness of intakes and members. Name and registered number of members details (form D.6) illness, awards etc (40) Garda Research unit database Statistical analysis Details of complaint/complainant.Crime effects and attitudes, victim details offenders details, results of proceedings and characteristics emerging (41) Information database on P.U.L.S.E. Logging of details of all incidents coming to the notice of an Garda Siochana, and associated investigations / follow up. Surname, first name, suffix, title, address, phone no, gender, marital status, nationality, date of birth, occupation, religion, email address, driving licence number, passport number, alien registration number, juvenile liaison number, criminal conviction number (42) Firearms Registration & licensing of firearms and firearms dealers. Name and address details of licence or dealer, Gun club name, entitlement to shoot details. Dealer trading name (43) Court Outcomes Record of convictions for indictable and some non-indictable offences. Name, address, DOB of the offender, accused, location of court, appeal details if any, criminal conviction no, outcome of the prosecutions and details of any penalty given (44) Property. Details of property stolen and recovered, with matching facility to aid return to owners. Description, serial number, inscription, approx age, value, insured by details, owner details (45) Person photographs Photographs of persons as provided for, via legislation, statutory instruments and other regulations Source of photo, reason for photo, authorising officer details, subject of photo details (46) Vehicle Vehicle and owner information provided from National Vehicle and Drivers file. Owners name and address details, previous owner name and address details, insurance details, motor tax details,vehicle details (47) Charges Details of all Charge sheets generated by an Garda Siochana. Accused name and address DOB, offence alleged details, parent /guardian details, prosecuting Garda details (48) Bail Details of bail granted by Gardai and the Courts on foot of a charge (s). Accused name and address details, bail date, amount and conditions (49) Summons Details of all Summons and Summons applications generated by An Garda Siochana. Accused name & address details, offence alleged details, parent /guardian details, witness name and address details, prosecuting Garda details (50) Warrants Details of all Garda created warrants and warrants issued by courts for execution by An Garda Siochana Name and address details of person against whom warrant is issued, name details of executing Garda. Name of issuing Judge (51) Electoral Register Name and address details of all electors with searching to facilitate public enquiries. Electors first name, surname, title, suffix and address details (52) Driving Licence and Insurance Production. Record of driver's licence and insurance details where production at a Garda station is demanded under the Road Traffic Act. Drivers details, driver licence details, insurance details, certificate of roadworthiness / NCT details, requesting Garda details (53) Garda Details Summary Garda Members details Surname, First name, Rank, Registered number,Unit No, Station of allocation, shoulder number, Date of appointment to station (54) Correspondence register Used for both internal and external correspondence. Name and addresses of persons who write to an Garda Siochana in relation to any matter. Name rank of members of an Garda Siochana who are dealing with correspondence (55) Alarm System List of key holders who have their premises alarmed and wish to be monitored by an Garda Siochana. Name and address of the owner of the premises, name and address of the key holder, name and address of the security company who are monitoring the premises (56) Intelligence managed by collator investigators in respect of suspected criminal activities. Personal information identifying criminals, suspects, vehicles and incidents involving. Names and address of victims (57) Drugs Intelligence in all Divisions Details of intelligence gathered on persons who are likely to be involved in the illegal supply or distribution of Controlled Drugs. Information supplied to enable the identification of persons involved in supply or distribution of controlled drugs (58) Major Accident Plan. Relates to procedure to be put in place in the event of a serious incident in an Area. Contains the names and addresses of persons who need to be called on in the event of a Major Incident. ie; Doctors, Priests, Coroners, Corporation/Council, all emergency related services (59) Non-National's database Relates to all non-nationals convicted of any offence or crime in the area. Name, address, date of birth, gender. Name rank of Garda involved in the case (60) Domestic Violence. Relates to Barring, Safety and Protection Orders issued by the Courts. Name of the applicant, address, type of order, date issued, date expired. Name of person subject of the order (61) GATSO/fixed cameras Database of vehicles detected committing speeding offences. Linked to national vehicle file. Name and address of registered owner of vehicle. Location of detected offence (62) Mixed data register Used to record various applications and licensees. Persons who apply for a collection permit. Persons who apply for a license that may only be issued by an Garda Siochana or the District or Higher Court. A collection permit issued under the Gaming and Lotteries Act or Street and House-to-House collections. Name and address of the applicant. Name and address of the organisation. Gaming and Lottery Act in relation to slot machines. Name and address of the applicant. Name and address of the premises. The Betting Act. Name, address, of the licence holder. Suitability of premises, name and address of premises. Liquor Licensing Act. Name and address of holder of the licence, this may be a company, if so registered number of company under the companies act, list of directors of the company. Type of licence applicable to the premises (63) Crime ordinary Relates to all files referred to the Director of Public Prosecution. Names and addresses of persons involved. Name address DOB of defendants, victims and witnesses. Particulars of Garda involved name and rank (64) F. O. T. S. national and local Details of persons who are issued a fine on the spot for an alleged offence under the Road Traffic Act. Linked to national vehicle file. Name and address of registered owner of vehicle. Particulars of investigating Garda/traffic warden (65) Public Service Vehicle file. Maintains records in respect of all P.S.V. drivers, taxi and hackney plates Name and address, date of birth. Phone number (where given) licence details and validation dates, plate and badge numbers. Full vehicle details (66) Horse and Carriage Maintain records in respect of all Horse drawn carriages. Name address DOB of holder of carriage and license details (67) Staff details Details relating to Garda and Civilian members of staff attached to that location Name address contact telephone number. Registered number, details of courses undertaken, size roll and equipment issued (68) Domestic Violence Sexual Assault database. Relates to Assaults of sexual nature. Victims and offenders name and address, D.O.B Synopsis of the case. Investigating Garda details (69) Age Card Used by Juveniles for verification purposes 'a voluntary scheme' Name, address, DOB, station of application, and unique identification number (70) Details of Community Alert scheme. Crime prevention scheme. Name of scheme, division, district, station code, No of houses, Garda and coordinator details (71) Juvenile Offenders database. Record of juveniles cautioned under the Diversion programme. Particulars of Garda, victim and culprit involved in the case (72) Garda Schools Programmes Details of Garda Visits to schools Name, Rank, reg. no, station of Garda and name and address of school visited (73) Details of Neighbourhood Watch scheme Crime prevention scheme. Name of scheme, division, district, station, number of houses, name of liaison Garda and rank, name address telephone number of civil coordinator and date of launch (74) Details of Coastal Watch Crime prevention scheme. Name of scheme, name and registered number of Garda. Extent of coastline. Vessel details and ownership (75) Details of Garda Special Projects. Diversion projects set-up with community scheme. Name and address of project manager, project coordinator, project treasurer. Name rank of Garda liaison.
Description B:	(76) Business Watch Crime prevention scheme (76) Name of scheme, number of businesses, Name and rank of liaison Garda and civilian coordinator (77) Details of Victim Support Used to support victims of crime. Victims details and Garda district an
Disclosees:	(46) Vehicle International police agencies (82) Europol database European Union (83) Interpol International police agencies (86) Ballistics International police agencies
Transfers Abroad:	(46) Vehicle International police agencies Vehicle and owner information provided from National Vehicle and Drivers file. Owners name and address details, previous owner name and address details, insurance details, motor tax details, vehicle details for. ENDS: