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Data Protection Notice for Primary Producers of Milk supplying to Co-ops/Milk and Dairy Processors

Part A

Information applicable to all Department of Agriculture, Food and the Marine customers:

The Department of Agriculture, Food and the Marine is fully committed to keeping all personal data submitted by its customers, fully safe and secure during administrative processes.   All necessary technical measures have been put in place to ensure the safety and security of the systems which hold this data.  Department staff are also considered as customers of the Department from a Data Protection perspective and may exercise their data protection rights in the same way.

Transparency and openness in the use of personal data held is important to the Department and therefore we aim to fully inform all our customers about the purpose(s) for which their data will be used and why, where it may be shared elsewhere and why and how long their data may be held by the Department.  Information on the rights of the customers will also be provided.

The current legislation for Data Protection in Ireland is the Data Protection Act 1988 as amended by the 2003 Data Protection Act.  The General Data Protection Regulations (EU 2016/679) will come into effect on 25 May 2018. 

The Data Controller for the collection and processing of all personal data in the Department of Agriculture, Food and the Marine is the Department itself, as a legal entity.

The Data Protection Officer can be contacted as follows:

Data Protection Officer,
Data Protection Unit,
Corporate Affairs,
Department of Agriculture, Food and the Marine,
Grattan Business Park, Dublin Road,
Portlaoise,
Co Laois,
R32 K857.

Email:  dataprotectionofficer@agriculture.gov.ie

Currently our customers have the following rights:

Personal data processed by the Department will only be used for the specific purpose(s) as outlined when the data is collected, or in later communications, and will only be used in accordance with the Data Protection legislation in force.

Rights of the individual in relation to personal data held by the Department:

When you, as a customer, provide personal data to the Department you have certain rights available to you in relation to that data, However it should be noted that not all rights listed shall be applicable in every circumstance.  These rights are outlined below and can be exercised by contacting the Data Protection Officer, as detailed above, indicating which right(s) you wish to exercise rights (up to 24 May 2018):

  • access to their data
  • rectification of their data
  • erasure of their data
  • right to lodge a complaint with the Supervisory Authority

From 25 May 2018 onwards all Department customers can also avail of, where applicable the following additional rights:

  • restriction of processing,
  • data portability,
  • objection to processing,
  • withdraw consent if they previously gave it in relation to processing of their personal data,
  • relating to automated decision making, including profiling.

Part B

Information specific to the personal data being held/collected

There is no change to the existing data collection and processing arrangement. 

The following data is specific information in relation to the personal data processed for primary producers of milk who supply to Food Business Operators who collect, process and/or manufacture liquid milk/dairy products for supply to the consumer.

Type of Data:

Name, Address, Herd Number, Supplier Number, and any primary producer record requested by an authorised officer under S.I. 432 of 2009, EC (Food and Feed Hygiene) Regulations 2009 necessary for the protection of public health and food hygiene.

Specified purpose:

In accordance with legislation, a register comprising of name, address and herd number must be maintained by this Department, in respect of all primary producers. This register is used to associate a primary producer with their milk purchaser/s, who is notified in the event of animal disease, or other event, where it is deemed necessary to prevent a risk to public health.

Collection of Data (Data Controller):

The data referred to above is collected from the Milk Purchasing Food Business Operator i.e. Co-ops, Dairies, etc registered and approved by the Department as a Food Business Operator to collect milk from primary producers.

Legal basis:

This information is collected, processed and retained, including, but not limited to, the following legislation:

Regulation (EC) 178/2002:

Article 3.2 – ‘food business’ means any undertaking, whether for profit or not and whether public or private, carry out any of the activities related to any stage of production, processing and distribution of food.

Article 3.16 – ‘stages of production, processing and distribution’ means any stage including import, from and including the primary production of a food, up to and including its storage, transport, sale or  supply to the final consumer and, where relevant, the importation, production, manufacture, storage, transport, distribution, sale and supply of feed.

Article 17.2 - “Member States shall enforce food law, and monitor and verify that the relevant requirements of food law are fulfilled by the food and feed business operators at all stages of production, processing and distribution.”

Article 18.2 – Traceability – “Food and feed business operators shall be able to identify any person from whom they have been supplied with a food, a feed, a food-producing animal, or any substance intended to be, or expected to be, incorporated into a food or feed. To this end, such operators shall have in place systems and procedures which allow for this information to be made available to the competent authorities on demand.”

Regulation (EC) 852/2002:

Article 2. 1(c) – ‘establishment’ means any unit of a food business

S.I. No. 432/2009:

Regulation 4(11) – “The holder of a feed business approval or a food business approval shall make such returns to the Minister or registering authority as the Minister or registering authority may require.

Recipients: 

All data processed is held within the relevant Divisions in the Department (only those with an involvement in ensuring food hygiene and safety).  In the event of a food incident, it may be necessary to share specific information with other agencies tasked with the protection of public health e.g. the Food Safety Authority of Ireland, to allow for traceability required under the legislation above, and the protection human health.  It may also be necessary to share information processed for the purposes of audit.

Retention Period:

The data collected for this purpose will be held by the Department only as long as there is a legislative need to do so in line with the purpose(s) for which it was collected. After this time it will be marked for destruction and will be destroyed in line with internal guidelines or guidelines for destruction received from the National Archives Office or associated permissions received from them.

Data provision being statutory or contractual obligation:

Information requested from and in respect of primary producers/suppliers of milk is to be provided on a statutory basis.  Failure to provide requested information may result in the non-collection of milk.

 Automated Decision Making: 

An automatic notification of the restriction/de-restriction of a herd due to TB will be processed automatically for the purpose of informing the Milk Purchaser, to fulfil their obligations under EC Regulation 853/2004.

Information from Third Party:

The data referred to above is collected from the Milk Purchasing Food Business Operator i.e. Co-ops, Dairies, etc registered and approved by the Department as a Food Business Operator to collect milk from primary producers.

In circumstances where this Department did not gather your personal data, you are still entitled to exercise your rights in relation to this personal data and the details on how to exercise individuals rights are detailed above.   

Technical information on data collected:

Technical information on the cookies used on our Department’s website is available at the following link.