Privacy Statement for Flood Relief Schemes

What We Do With Your Personal Data

 

1. Who Controls Your Personal Data and how do you Contact Them?

The Commissioners of Public Works in Ireland decide what personal data we may collect about you and what we do with your personal data.  We pass this power through senior managers down to local managers.

You can contact us in any of the following ways:

By e-mail:     info@opw.ie

By phone:     (0761) 106000 / (046) 942 6000 / (01) 647 6000 / 1890 213 414 (LoCall)

By post:        The Office of Public Works Head Office, Jonathan Swift Street,

Trim, Co. Meath, Ireland, C15 NX36.

By fax:          (046) 948 1793

 

2. If you are Concerned About What we do With Your Personal Data Contact Our DPO

You can contact out Data Protection Officer (DPO) in any of the following ways:

 

By e-mail:     dpo@opw.ie

 

By phone:     (0761) 106000 / (046) 942 6000 / (01) 647 6000 / 1890 213 414 (LoCall)

 

By post:        Data Protection Officer, The Office of Public Works Head Office,

Jonathan Swift Street, Trim, Co. Meath, Ireland, C15 NX36.

 

By fax:          (046) 948 1793

3. Purposes and Legal Basis for the Intended Processing of Your Personal Data

Purposes

We process your personal data for the following purposes:

1. Your contact details (name, address, email address, phone numbers) as the reputed proprietor, owner or occupier of lands which are affected by arterial drainage works are being processed by the Commissioners of Public Works in Ireland so that you can be contacted in relation to the proposed Drainage Scheme (Flood Relief Scheme) to be undertaken under the provisions of the Arterial Drainage Acts 1945 and 1995 and how it may affect any lands you occupy or own.

 

1. Mapping data (maps and spatial coordinates in Geographic Information Systems (GIS) are processed so that any lands which you occupy or own can be identified by the Commissioners of Public Works in Ireland or by the public for the purposes of consultation.

 

1. Publication of the personal data set out in a and b above, both in print and online, for the purpose of public consultation.

 

1. Should you make a submission as part of a public consultation, any contact details which you may supply (name, address, email address, phone number) will be processed to acknowledge, otherwise query or follow up your submission, and these will form part of the submission records made available to the public.

 

1. The purpose of the Drainage Scheme is to protect people and their property from flooding. How might this affect your lands, property or property rights?
   • Your lands may be compulsory acquired or interfered with substantially;
   • Your property rights may be compulsorily acquired, restricted, terminated or otherwise subject to interference. These include:
     • Easements – your rights to cross or otherwise use someone else’s land for a specified purpose, e.g. rights-of-way, harvesting rights, water, rights to cut turf/timber, fish, quarry or extract minerals.
     • The owner retains title to the land.
     • Fisheries
     • Water rights – rights to use water
     • Navigation rights
     • Any other rights
   • Your private roads and bridges and any public roads and bridges may be diverted, removed or otherwise subject to interference.

 

If we later add any more purposes for the use of your personal data, we will list them here in a revised version of this document.  Where more purposes for the use of your personal data are proposed, these must be approved in advance by the OPW’s Data Protection Officer.

 

Legal Basis

Processing of this Personal Data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Commissioners of Public Works in Ireland by the Arterial Drainage Acts 1945 and 1995 for the purposes set out in clauses a to e above.

 

 

4. Legitimate Interests Pursued by the Commissioners or a Third Party

There are no legitimate interests pursued by the Commissioners of Public Works in Ireland or by third parties in processing your personal data.

 

 

5. Recipients (or Categories of Recipients) of Your Personal Data, if any

Local Authorities, Local Authority Contractors.

 

 

6. Will Your Personal Data be Transferred out Of the EEA?

No.

 

 

7. Period for Which Your Personal Data Will be Kept

Your personal data will be retained for the duration of the scheme so that landowners can be contacted for access for ongoing maintenance.

 

 

8. Will Your Personal Data be Used for a Purpose Other Than That for Which Collected?

We will not be process your personal data for any purpose other than those stated at Section 3 above.  If we later add additional purposes, we will state them all in a revised version of this policy.

 

 

9. Your Rights

You have the following rights under EU and Irish data protection legislation:

 

• Access to Information and Your Personal Data

We must tell you if we have processed or intend to process your personal data.  If so, we must give you a copy of your personal data (but without the personal data of others) and the following information:

1. The purposes for which your personal data are processed
2. The categories of personal data
3. The recipients (or categories of recipients) of your personal data
4. The period for which your personal data the will be stored or the criteria for determining these
5. That you have the rights to:

• Request correction of your inaccurate personal data
• Erasure of your personal data (right to be forgotten)
• Restrict our use of your personal data (we can then only store it)
• Object to the processing of your personal data.
  1. That you have the right to complain to the Data Protection Commission
  2. If we use automated decision-making, the rules we use, and the significance and consequences of this for you
  3. The safeguards we use if we transfer your personal data out of the EEA.

 

• Correction of Your Inaccurate Personal Data

We must correct your personal data where it is inaccurate as soon as possible.

 

• Erasure of Your Personal Data

You can get us to erase your personal data in certain cases.

 

• Restriction of Processing of Your Personal Data

You can get us to restrict your personal data in certain cases.  We can only store restricted personal data and cannot process them in any other way.

 

• The OPW’s Obligation to Notify Recipients Regarding Rectification, Erasure or Restriction of Processing of Your Personal Data

We must tell each external recipient of any correction, erasure or restriction of processing of your personal data.  If you ask, we must tell you who these external recipients are.

• Data Portability

This only applies to organisations such as utilities or financial institutions with whom you have a contract or to whom you have given consent.  You can get your personal data in a structured, commonly used, machine-readable format to pass on to another organisation.

 

• Object to Processing of Your Personal Data

You can object to the processing of your personal data in certain cases.

 

• Not to be Subjected to Automated Individual Decision-Making

In certain cases, we cannot make fully-automated decisions about you based on your personal data, that legally or significantly affect you.

 

The rights above can be restricted by the GDPR and the Data Protection Acts.  You also have three other rights, as follows:

 

• To be Told About a Personal Data Breach Involving Your Personal Data

Where your personal data has been accessed by or disclosed to unauthorised persons, lost, destroyed or unlawfully processed and this may result in a high risk to your rights and freedoms, we must inform you without delay.  This right can also be restricted by the GDPR and the Data Protection Acts.

 

• To Complain to the DPC About Infringements of Your Data Protection Rights

You may complain to the Data Protection Commission, if you think that our processing of your personal data has infringed your data protection rights.

 

• To Sue

You can sue us (or our processors) for any damage you suffer if we infringe your rights under EU and Irish data protection legislation.

 

We must allow you to use these rights.  You can make a request under any of these rights by contacting the DPO.  We may need you to confirm your identity first, as we cannot give your personal data to others.  We will not retain any personal data you give us to confirm your identity.  Once we have verified your identity, we must send you the information you require in clear and plain language by email or post, within 30 days.  We can provide it orally if you prefer, but only for small quantities.  It is not technically possible to provide copies of your personal data orally.

 

For complex requests or where there are large numbers of requests, we can extend our time to respond to you by a further 60 days, but we must tell you we are going to do this within the first 30 days, together with the reason for the delay.  If we not going to respond to your request we must tell you this within 30 days.  We must remind you that that you have the options of complaining to the DPC or of suing us.

 

If you make an electronic request, we must respond to you electronically, unless you prefer otherwise.

 

Anything we do in response to your request and any information we give you must be free.  If you make excessive requests (e.g. make the same one repeatedly) or your requests have no basis in fact, we may either charge you a fee or refuse to act on it.  We will not charge you a fee where you have made a mistake, such as the wrong location, but will not act on your request.  We may ask you to clarify your request.  You can help us to fulfil your request about personal data by being as specific as possible particularly about your dealing or contacts with us.

 

 

 

 

10. Is Provision of Your Personal Data a Statutory or a Contractual Requirement?

No, but it is a statutory requirement under the Arterial Drainage Acts 1945 and 1995 that the scheme must include a schedule of the affected lands and their ownership, which must then be displayed to the public.

 

 

11. Must You Provide Your Personal Data and What Happens To You If You Don’t?

No, it is not necessary for you to provide your data, as most of it is taken from publicly available sources.  However, you cannot be contacted in relation to the scheme and how it may affect you, or any submissions which you make regarding the Scheme unless the Commissioners of Public Works in Ireland have your contact details.

 

 

12. The Existence of any Automated Decision-Making, Including Profiling

None of you

Privacy Assured