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General Data Protection Notice

Part A

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

  1. 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.
  2. 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.
  3. The current legislation for Data Protection in Ireland is the Data Protection Act 1998 as amended by the 2003 Data Protection Act. The General Data Protection Regulations (EU 2016/679) will come into effect on 25 May 2018.
  4. 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.
  5. 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 RY6V
 
Phone: 057 8694301
Email: dataprotectionofficer@agriculture.gov.ie

 

6. 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.
7. 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. 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: 

Currently our customers have the following 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 will also have 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 collected

The following data is specific information in relation to the personal data processed for the submission of an application under the Targeted Agricultural Modernisation Scheme (TAMS).

8. Specified purpose:

The personal data sought from you, or previously furnished by you, the applicant, is required for the purpose of making an application under TAMS or for ongoing processing of your contract under the scheme.   Failure to provide all the personal data required to facilitate the processing of the application and contract, including data testing, under the scheme will result in DAFM being unable to further process the application. Failure to provide certain information which you are required to provide under the Terms and Conditions of the scheme may result in the necessity to repay monies already paid under the scheme. You should consult the Terms & Conditions and Specification of the scheme in this regard.

The Department may also use data provided in submitting an application under TAMS for the purposes of facilitating the processing of an application for participation in other related schemes operated by the Department of Agriculture, Food and the Marine or for the purposes of updating information on the relevant databases held by the Department in connection with these schemes.  Each scheme has its own legal basis as outlined under their own Terms and Conditions.

9. Legal basis:

The Target Agricultural Modernisation Scheme (TAMS) is implemented pursuant to EU Regulation 1305/2013 and is operated by DAFM. Other related schemes have their own legal basis, as outlined under their own Terms and Conditions.

10. Recipients:

Information provided as part of the TAMS application will be shared, with other divisions within the Department, for the purposes of processing other related scheme applications in a timely and efficient manner.

When you submit a TAMS application some of your personal data will be made available to other Government Departments/Agencies/Local Authorities, but only where there is a valid legal basis to do so. The purpose of this sharing of data is for audit, evaluation purposes, cross compliance controls, controls relating to the legislation underpinning cross compliance and all Rural Development measures, as required by Article 65 of Commission Implementing Regulation (EU) 809/2014. Also personal information may be released under the terms of the relevant Data Protection legislation in force and the Freedom of Information Act 2014.

Information will be shared within the Department for the purposes of monitoring and evaluating CAP as per the Regulations (EU Reg 1306/2013) in accordance with the Data Protection legislation in force.

Personal data may be used for statistical, research and analysis purposes in some circumstances, but will only be done so in compliance with the Data Protection legislation in force. Data used for such purposes will be pseudonymised (masked) or anonymised, as appropriate, to protect the security and confidentiality of the data. The use of the data in this way may facilitate the Department in informing policy decisions into the future, which would benefit the Irish farmer and the Agriculture Sector.

The Department is also currently obliged by law to provide information concerning applicants in response to requests received from the Office of the Revenue Commissioners, An Garda Síochana, and other bodies, in accordance with Section 8 of the Data Protection Acts 1988 and 2003. The introduction of the General Data Protection Regulation in May 2018, and any further national Data Protection legislation, may change the requirements and the legislative basis for such requests.

As part of this scheme, if you are approved into the programme, you may be requested by the Department or relevant agents acting on its behalf, to supply data in relation to your participation to the Scheme, and facilitate on-farm inspections/assessments, where required for the purpose of assessment, verification, evaluation or research purposes as provided for under the Regulations (EU Reg 1306/2013). Not to supply such information may invalidate/cancel your application.

11. Transferred outside the EU:

Information provided in support of an application under TAMS is not currently transmitted outside of the EU.

12. Retention Period:

The data submitted in support of the application by the data subject under TAMS will be retained by DAFM only as long as there is a business need to do so in line with the purposes 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.

13. Data provision being statutory or contractual obligation:

The data provided for this purpose is being requested under the requirements of EU Regulation 1305/2013 and if the customer chooses not to provide this information their application/contract for TAMS, cannot be processed further.  

14. Automated Decision Making:

Personal data provided in the submission of an application under TAMS will be processed automatically for the purpose of the efficient running of the scheme, and the timely payment of participants.

Automated decision making will also be used for the purposes of selecting participants for inspection in accordance with the regulations (EU Regulations 1306/2013 & 809/2014).

15. In accordance with EU Regulation 1306/2013, the Department is obliged to ensure annual ex-post publication of all of the beneficiaries of CAP funding, both legal and non-legal persons. In accordance with this Regulation the Department must, by 31 May each year, publish the following data:

  • The name of the beneficiary (unless the amount of payment under CAP funds is less than €1,250, in which case the individual will be identified by a code)
  • The municipality where the beneficiary is resident
  • The amount of payment corresponding to each measure received by a beneficiary, and
  • The nature and description of each measure

The data contained in this publication may be processed by auditing and investigating bodies of the Communities and the Member States for the purposes of safeguarding the Communities' financial interests. The data therein cannot be used for direct marketing or other purposes and this will be made clear on the website.

16. Technical information on data collected:

Technical information on the cookies used on our Department’s website is available here.