DATA PROTECTION POLICY (pdf)
At Transportinfo ltd privacy and data protection rights are very important to us.
The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Transportinfo Limited. This includes obligations in dealing with personal data, in order to ensure that the organisation complies with the requirements of the relevant Irish legislation, namely the Irish Data Protection Act (1988), and the Irish Data Protection (Amendment) Act (2003).
Transportinfo Limited must comply with the Data Protection principles set out in the relevant legislation. This Policy applies to all Personal Data collected, processed and stored by Transportinfo Limited in relation to its staff, service providers and clients in the course of its activities. Transportinfo Limited makes no distinction between the rights of Data Subjects who are employees, and those who are not. All are treated equally under this Policy.
The policy covers both personal and sensitive personal data held in relation to data subjects by Transportinfo Limited. The policy applies equally to personal data held in manual and automated form. All Personal and Sensitive Personal Data will be treated with equal care by Transportinfo Limited. Both categories will be equally referred-to as Personal Data in this policy, unless specifically stated otherwise. This policy should be read in conjunction with the associated Subject Access Request procedure, the Data Retention and Destruction Policy, the Data Retention Periods List and the Data Loss Notification procedure.
Transportinfo Limited as a Data Controller
In the course of its daily organisational activities, Transportinfo Limited acquires, processes and stores personal data in relation to:
• Employees of Transportinfo Limited
• Customers of Transportinfo Limited
• Third party service providers engaged by Transportinfo Limited
In accordance with the Irish Data Protection legislation, this data must be acquired and managed fairly. Not all staff members will be expected to be experts in Data Protection legislation. However, Transportinfo Limited is committed to ensuring that its staff have sufficient awareness of the legislation in order to be able to anticipate and identify a Data Protection issue, should one arise. In such circumstances, staff must ensure that the Data Protection Officer is informed, and in order that appropriate corrective action is taken.
Due to the nature of the services provided by Transportinfo Limited, there is regular and active exchange of personal data between Transportinfo Limited and its Data Subjects. In addition, Transportinfo Limited exchanges personal data with Data Processors on the Data Subjects’ behalf. This is consistent with Transportinfo Limited’s obligations under the terms of its contract with its Data Processors.
This policy provides the guidelines for this exchange of information, as well as the procedure to follow in the event that a [Company] staff member is unsure whether such data can be disclosed. In general terms, the staff member should consult with the Data Protection Officer to seek clarification.
Subject Access Requests
Any formal, written request by a Data Subject for a copy of their personal data (a Subject Access Request) will be referred, as soon as possible, to the Data Protection Officer, and will be processed as soon as possible. It is intended that by complying with these guidelines, Transportinfo Limited will adhere to best practice regarding the applicable Data Protection legislation.
In the course of its role as Data Controller, Transportinfo Limited engages a number of Data Processors to process Personal Data on its behalf. In each case, a formal, written contract is in place with the Processor, outlining their obligations in relation to the Personal Data, the specific purpose or purposes for which they are engaged, and the understanding that they will process the data in compliance with the Irish Data Protection legislation.
These Data Processors include:
Road Safety Authority
Clonfert House Bride Street Loughrea Co. Galway
RSA Dangerous Goods Transport
ADR Unit Moy Valley Business Park Primrose Hill Balina Co. Mayo
Health and Safety Authority Metropolitan Building James Joyce Street Dublin
Call: 1890 289 389
Sales Autopilot (Marketing and email software)
Address 31-33 Margit krt. 1024 Budapest, Hungary (+36) 30 624 39 34
John M Lacey (Accountant)
75 Main St,
St. Dominick’s Abbey,
The Data Protection Principles
The following key principles are enshrined in the Irish legislation and are fundamental to the Transportinfo Limited’s Data Protection policy.
In its capacity as Data Controller, Transportinfo Limited ensures that all data shall:
1. … be obtained and processed fairly and lawfully.
For data to be obtained fairly, the data subject will, at the time the data are being collected, be made aware of:
– The identity of the Data Controller (Transportinfo Limited)
-The purpose(s) for which the data is being collected
– The person(s) to whom the data may be disclosed by the Data Controller
– Any other information that is necessary so that the processing may be fair.
Transportinfo Limited will meet this obligation in the following way.
– Where possible, the informed consent of the Data Subject will be sought before their data is processed;
– Where it is not possible to seek consent, Transportinfo Limited will ensure that collection of the data is justified under one of the other lawful processing conditions – legal obligation, contractual necessity, etc.;
-Where Transportinfo Limited intends to record activity on CCTV or video, a Fair Processing Notice will be posted in full view;
-Processing of the personal data will be carried out only as part of Transportinfo Limited’s lawful activities, and Transportinfo Limited will safeguard the rights and freedoms of the Data Subject;
-The Data Subject’s data will not be disclosed to a third party other than to a party contracted to Transportinfo Limited and operating on its behalf.
2. …. be obtained only for one or more specified, legitimate purposes.
Transportinfo Limited will obtain data for purposes which are specific, lawful and clearly stated. A Data Subject will have the right to question the purpose(s) for which Transportinfo Limited holds their data, and Transportinfo Limited will be able to clearly state that purpose or purposes.
3. ….. not be further processed in a manner incompatible with the specified purpose(s).
Any use of the data by Transportinfo Limited will be compatible with the purposes for which the data was acquired.
4. …. be kept safe and secure.
Transportinfo Limited will employ high standards of security in order to protect the personal data under its care. Appropriate security measures will be taken to protect against unauthorised access to, or alteration, destruction or disclosure of any personal data held by Transportinfo Limited in its capacity as Data Controller.
Access to and management of staff and customer records is limited to those staff members who have appropriate authorization and password access.
5. … be kept accurate, complete and up-to-date where necessary.
Transportinfo Limited will:
– ensure that administrative and IT validation processes are in place to conduct regular assessments of data accuracy;
– conduct periodic reviews and audits to ensure that relevant data is kept accurate and up-to-date. Transportinfo Limited conducts a review of sample data every six months to ensure
accuracy; Staff contact details and details on next-of-kin are reviewed and updated every two years.
– conduct regular assessments in order to establish the need to keep certain Personal Data.
6. … be adequate, relevant and not excessive in relation to the purpose(s) for which the data were collected and processed.
Transportinfo Limited will ensure that the data it processes in relation to Data Subjects are relevant to the purposes for which those data are collected. Data which are not relevant to such processing will not be acquired or maintained.
7. … not be kept for longer than is necessary to satisfy the specified purpose(s).
Transportinfo Limited has identified an extensive matrix of data categories, with reference to the appropriate data retention period for each category. The matrix applies to data in both a manual and automated format.
Once the respective retention period has elapsed, Transportinfo Limited undertakes to destroy, erase or otherwise put this data beyond use.
8. … be managed and stored in such a manner that, in the event a Data Subject submits a valid Subject Access Request seeking a copy of their Personal Data, this data can be readily retrieved and provided to them.
Transportinfo Limited has implemented a Subject Access Request procedure by which to manage such requests in an efficient and timely manner, within the timelines stipulated in the legislation.
Data Subject Access Requests (download pdf here)
As part of the day-to-day operation of the organisation, Transportinfo Limited’s staff engage in active and regular exchanges of information with Data Subjects. Where a formal request is submitted by a Data Subject in relation to the data held by Transportinfo Limited, such a request gives rise to access rights in favour of the Data Subject.
There are specific time-lines within which Transportinfo Limited must respond to the Data Subject, depending on the nature and extent of the request. These are outlined in the attached Subject Access Request process document.
Transportinfo Limited’s staff will ensure that, where necessary, such requests are forwarded to the Data Protection Officer in a timely manner, and they are processed as quickly and efficiently as possible, but within not more than 40 days from receipt of the request.
As a Data Controller, Transportinfo Limited ensures that any entity which processes Personal Data on its behalf (a Data Processor) does so in a manner compliant with the Data Protection legislation.
Failure of a Data Processor to manage Transportinfo Limited’s data in a compliant manner will be viewed as a breach of contract, and will be pursued through the courts.
Failure of Transportinfo Limited’s staff to process Personal Data in compliance with this policy may result in disciplinary proceedings.
For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.
This includes both automated and manual data.
Automated data means data held on computer, or stored with the intention that it is processed on computer.
Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.
Information which relates to a living individual, who can be identified either directly from that data, or indirectly in conjunction with other data which is likely to come into the legitimate possession of the Data Controller. (If in doubt, Transportinfo Limited refers to the definition issued by the Article 29 Working Party, and updated from time to time.)
Sensitive Personal Data
A particular category of Personal data, relating to: Racial or Ethnic Origin, Political Opinions, Religious, Ideological or Philosophical beliefs, Trade Union membership, Information relating to mental or physical health, information in relation to one’s Sexual Orientation, information in relation to commission of a crime and information relating to conviction for a criminal offence.
A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed.
A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly.
A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment.
Data Protection Officer
A person appointed by Transportinfo Limited to monitor compliance with the appropriate Data Protection legislation, to deal with Subject Access Requests, and to respond to Data Protection queries from staff members and service recipients
Relevant Filing System
Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable
Transportinfo ltd is registered under the Data Protection Acts 1988 and 2003 as a data controller and data processor and all personal data will be maintained in accordance with the obligations of that Act.
Data Protection is the safeguarding of the privacy rights of individuals in relation to the processing of personal data, in both paper and electronic format. The Data Protection Acts 1988 and 2003 (the “Data Protection Acts”) lay down strict rules about the way in which personal data and sensitive personal data are collected, accessed, used and disclosed. The Data Protection Acts also permit individuals to access their personal data on request, and confer on individuals the right to have their personal data amended if found to be incorrect.
This document outlines IDA Ireland’s policy to help ensure that we comply with the Data Protection Acts.
Inquiries about this Data Protection Policy should be made to: Manager, Transportinfo ltd, The Cube, Monahan Road, Cork, Co. Cork Ireland T12 H1XY
Data Protection Policy
Purpose of this policy
This policy is a statement of Transportinfo ltd’s commitment to protect the rights and privacy of individuals in accordance with the Data Protection Acts.
Any staff member of Transportinfo ltd who is involved in the collection, storage or processing of personal data has responsibilities under the legislation:.
Any staff member involved in the processing/storing of personal data should make sure;
- to obtain and process personal data fairly.
- to keep such data only for explicit and lawful purposes.
- to disclose such data only in ways compatible with these purposes
- to keep such data safe and secure.
- to keep such data accurate, complete and up-to-date.
- to ensure that such data is adequate, relevant and not excessive.
- to retain such data for no longer than is necessary for the explicit purpose.
- to give, on request, a copy of the data to the individual to whom they relate, such a request is known as an ACCESS REQUEST (sample access request letter is attached in Appendix II)
Any data access requests received should be forwarded immediately to the Manager. A fee of €6.35 applies to any application for information under the Data Protection Acts.
The individuals for whom Transportinfo ltd stores personal data have the following rights:
- to have their personal data obtained and processed fairly
- to have personal data kept securely and not illegitimately disclosed to others.
- to be informed of the identity of the Data Controller and of the purpose for which the information is held.
- to get a copy of their personal data.
- to have their personal data corrected or deleted if inaccurate.
- to prevent their personal data from being used for certain purposes: for example, one might want to have the data blocked for research purposes where it is held for other purposes.
- under Employment Rights, not to be forced to disclose information to a prospective employer. No one can force another person to make an access request, or reveal the results of an access request, as a condition of recruitment, employment or provision of a service. Where vetting for employment purposes is necessary, this can be facilitated where the individual gives consent to the data controller to release personal data to a third party.
- It should be noted that under the Freedom of Information Act 2014, records containing personal information may be released to a third party, where the public interest so requires.
Principles of the Acts
Transportinfo ltd will administer its responsibilities under the legislation in accordance with the eight stated data protection principles outlined in the Act as follows:
- Obtain and process information fairly.
Transportinfo ltd will obtain and process personal data fairly and in accordance with the fulfillment of its functions.
- Keep data only for one or more specified, explicit and lawful purposes.
Transportinfo ltd will keep data for purposes that are specific, lawful and clearly stated and the data will only be processed in a manner compatible with these purposes.
- Use and disclose data only in ways compatible with these purposes.
Transportinfo ltd will only disclose personal data that is necessary for the purpose/s or compatible with the purpose/s for which it collects and keeps the data.
- Keep data safe and secure.
Transportinfo ltd will take appropriate security measures against unauthorized access to, or alteration, disclosure or destruction of, the data and against their accidental loss or destruction Transportinfo ltd is aware that high standards of security are essential for all personal data.
- Keep data accurate, complete and up-to-date.
Transportinfo ltd will have procedures that are adequate to ensure high levels of data accuracy. Transportinfo ltd will examine the general requirement to keep personal data up-to-date. Transportinfo ltd will put in place appropriate procedures to assist staff in keeping data up-to-date.
- Ensure that data are adequate, relevant and not excessive.
Personal data held by Transportinfo ltd will be adequate, relevant and not excessive in relation to the purpose/s for which it is kept.
- Retain data for no longer than is necessary for the purpose or purposes for which they are kept.
Transportinfo ltd will have a policy on retention periods for personal data.
- Give a copy of his/her personal data to that individual, on request
Transportinfo ltd will have procedures in place to ensure that data subjects can exercise their rights under the Data Protection legislation.
Roles/Responsibilities of Transportinfo ltd
Transportinfo ltd has overall responsibility for ensuring compliance with the Data Protection legislation. However, all employees of Transportinfo ltd who collect and/or control the contents and use of personal data are also responsible for compliance with the Data Protection legislation. Transportinfo ltd will provide support, assistance, advice and training to all relevant Departments, Offices and staff to ensure it is in a position to comply with the legislation.
Transportinfo ltd is registered as a Data Controller in compliance the Act and the following roles are included in the registration,
Contact Person: Manager
Compliance Person: Manager
Procedures and Guidelines
This policy supports the provision of a structure to assist in Transportinfo ltd’s compliance with the Data Protection legislation, including the provision of best practice guidelines and procedures in relation to all aspects of Data Protection.
This Policy will be reviewed regularly in light of any legislative or other relevant indicators
The following definitions are taken from the Data Protection Acts 1998 and 2003 Full copies of the act are available at the Data Protection Commissioner web site www.dataprotection.ie.
Personal data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller;
Sensitive personal data means personal data as to –
(a) The racial or ethnic origin, the political opinions or the religious or philosophical beliefs of the data subject.
(b) whether the data subject is a member of a trade-union.
(c) the physical or mental health or condition or sexual life of the data subject.
(d) the commission or alleged commission of any offence by the data subject, or
(e) any proceedings for an offence committed or alleged to have been committed by the data subject, the disposal of such proceedings or the sentence of any court in such proceedings.
Please see below, sample wording for letter to access data held under the Data Protection Acts 1988 and 2003.
When requesting information, it is important to give any details that will help the person to identify you and find your data – for example a staff 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 Transportinfo ltd to respond more quickly.
A fee of €6.35 applies to any application for information under the Data Protection Acts.
Manager, Transportinfo ltd, The Cube, Monahan Road, Cork, Co. Cork Ireland T12 H1XY
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.
[Insert relevant information to assist Transportinfo ltd to identify you and find your data]