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Data Protection and An Garda Síochána

Data Protection and An Garda Síochána

An Garda Síochána processes personal information for a variety of policing purposes including:

• Protecting life and property;

• Preserving order;

• Preventing the commission of offences;

• Bringing offenders to justice; and

• Any duty or responsibility arising from statute or common law, including administrative records relating to non-policing information, essential to the day-to-day business and administration of An Garda Síochána.

As a data controller, An Garda Síochána is subject to the (EU) General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) when processing personal data.

The GDPR and the DPA increase the data protection rights of individuals and place additional obligations on data controllers such as An Garda Síochána. The GDPR and the DPA require An Garda Síochána to process personal information in accordance with the following principles relating to the processing of personal data:

Personal data shall be:

  • Processed lawfully, fairly and in a transparent manner in relation to the data subject;
  • Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  • Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • Personal data shall be accurate and, where necessary, kept up to date;
  • Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
  • Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures;
  • The controller shall be responsible for, and be able to demonstrate compliance with the GDPR.

An Garda Síochána will ensure that all processing of personal information is done in accordance with legislative requirements.

Data Sharing

An Garda Síochána may be required to share information with other public bodies in certain circumstances.  An Garda Síochána shall be able to demonstrate that any sharing of personal information be justified through an explicit legal basis in legislation and/or in accordance with the exemptions to fair processing as set out under current legislation. The terms of the data sharing will be governed by agreements to ensure that all parties involved in the processing do so in accordance with the data protection fair processing rules.

Data Protection Officer

An Garda Síochána has appointed a Data Protection Officer who can be contacted in relation to any data protection concerns that you may have at the address set out below.

Your Data Protection Rights

Under data protection law, every individual has certain rights. Subject to certain restrictions, you can exercise these rights in relation to your personal data that is processed by An Garda Síochána. These rights are:

Right to Access

Every individual has a right to access personal data relating to them held by An Garda Síochána. To assist An Garda Síochána in processing your Subject Access Request (SAR) please complete the Subject Access Request form (F20).

Right to Rectification or Erasure

Every individual has a right to request rectification or erasure of their personal data where they believe the personal data is inaccurate.

Right to Restrict Processing

Every individual has the right to restrict the processing of their personal under certain conditions.

Right to Lodge a Complaint with the Data Protection Commission

In the event that you wish to make a complaint about how your personal data is being processed by An Garda Síochána, or how your complaint has been handled, you have the right to lodge a complaint directly with the Data Protection Commission at:

          Data Protection Commission,

          Canal House,

          Station Road,

          Portarlington,

          Co. Laois R32 AP23,

          Ireland.

          +353 (0761) 104 800

          info@dataprotection.ie

Contact Details

All queries concerning Data Protection in An Garda Síochána can be directed to the Data Protection Officer at:

An Garda Síochána,

Data Protection Unit,

Third Floor,

89-94 Capel Street,

Dublin 1,

D01 E3C6.

Email: DataProtection@garda.ie

Phone: +353 (01) 666 9521

Office Hours

(Mon – Thurs: 10.00 – 13.00 & 14.00 – 16.30)

(Friday: 10.00 – 13.00 & 14.00 – 16.00)