Data Protection Notice: ERAD Division

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

Rights of the individual in relation to personal data held by DAFM

Part B – Information specific to the personal data being collected

Data Subjects registering as a keeper of animals or an interest in a herd

Data Subjects testing animals as part of the TB Eradication and Brucellosis Monitoring Programmes

Data Subjects as Valuers under the On Farm Market Valuation Scheme

Data Subjects as Arbitration Panel Members

Data Subjects involved in haulier, courier or wildlife services

Data Subjects appointed as Authorised Officers

Data Subjects as Witnesses in Court

Data Subjects operating as Abattoirs

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

The Department of Agriculture, Food and the Marine (DAFM) 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. DAFMstaff are also considered as customers of DAFM 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 DAFM andtherefore the Departmentaims to fully inform all its customers about the purpose(s) for whichtheir data will be used and why, where it may be shared elsewhere and why and how long their data may be held by DAFM. 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 DAFM 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.

Email:

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

Rights of the individual in relation to personal data held by DAFM

When you, as a customer, provide personal data to DAFM 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:

  1. Currently DAFMcustomers 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
  1. From 25 May 2018 onwards all DAFMcustomers 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

Data Subjects registeringas a keeper of animals or an interest in a herd

The following is specific information in relation to the personal data collected from applicants seeking to register as a keeper of animals or register an interest in a herd. The data is required for the primary purpose of complying with a legal requirement on herd-owners to register with DAFM, under the Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. No 58 of 2015) and Council Directive 64/432/EEC, and is entered onto DAFM’s Animal Health and Welfare System (AHCS) and Corporate Customer System (CCS) to facilitate DAFM’s engagement with farmers under a range of legislation.

Specified purpose:

The primary purpose for collecting this information is to:

  • Register holdings and keepers of animals and herd-owners;
  • Carry out disease control and eradication measures as part of the TB Eradication and Brucellosis Monitoring Programmes;
  • Make payments to herd-owners under compensation schemes; and
  • Formulate disease control and eradication policy.

Specifically, this data is processed by ERAD Division for the purposes of:

  • Providing services to implement the Wildlife Strategy, payment for these services and sharing of information with contractors regarding the herds of farmers;
  • Paying Private Veterinary Practitioners (PVPs) and Whole Time Veterinary Inspectors (WTVIs) for testing animals;
  • Invoicing farmers for farmer pay tests;
  • Paying knackeries for the removal of calves infected with TB with no commercial value from a holding;
  • Collecting the Bovine Disease Levy and fees payable on animals exported live from the State;
  • Checking compensation payable under the Bovine TB Eradication Programme;
  • Providing a valuation system for animals removed as reactors, including an arbitration process;
  • Routine quality control of the testing Programme(s) and charging for additional costs incurred by the Department;
  • Public good research and to further the development of policy underpinning the Programmes;
  • Ensuring the highest standard of financial management, including procurement and revenue collection, and to ensure full compliance with EU and national financial, audit and control requirements.

Legal basis:

This processing is necessary for compliance with a legal obligation to which DAFM is subject, and/or for the performance of a task carried out in the public interest or in the exercise of official authority vested in DAFM.

Legislation:
Treaty on the Functioning of the EU art. 287 para. 3
COUNCIL DIRECTIVE of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine
Bovine Disease (Levy) Act 1966 to 1996.
The Comptroller and Auditor General (Amendment) Act 1993
BordBia Act 1994
Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1999 (S.I. No. 277/1999)
REGULATION (EC) No 852/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the hygiene of foodstuffs
REGULATION (EC) No 882/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules
COMMISSION REGULATION (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD
S.I. No. 673/2006 - Bovine Diseases (Levies) Regulations 2006
S.I. No. 786/2007 - European Communities (Animal Remedies) (No. 2) Regulations 2007
Commission Regulation (EC) No 341/2008 of 16 April 2008 on the issuing of import licences for applications lodged in April 2008 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat - Point 5(d) Annex to
S.I. No. 77/2009 - European Communities (Identification of Bovines) Regulations 2009
S.I. No. 432/2009 - European Communities (Food and Feed Hygiene) Regulations 2009
Animal Health and Welfare Act 2013 (S.I. 15 of 2013)
REGULATION (EU) No 1306/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
REGULATION (EU) No 652/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC
Animal Health & Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. 58 of 2015)
REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation)

Recipients:

Information may be shared with:

  • The Office for Government Procurement and contractors in the context of managing processes for the procurement of goods and services aimed at furthering the Department’s Bovine TB Eradication and Brucellosis Monitoring Programmes;
  • External bodies such as: Ombudsman, Farming Representative Organisations, Independent Agricultural Appeals Office, Independent Wildlife organisations and National Parks and Wildlife Service which falls under the responsibility of the Department of Culture, Heritage and the Gaeltacht;
  • Members of the Dáil through Parliamentary Questions and Ministerial Representations;
  • External service providers contracted to DAFM i.e. ICON, Farm Relief Services;
  • EU Commission Auditors should they request access in the context of the Department's annual EU funding claim;
  • EU (Sante G) (Sante F), European Court of Auditors, Food Safety Authority of Ireland, Comptroller & Auditor General, Internal Audit Unit for the purposes of satisfying EU and national financial, audit and control requirements;
  • CVERA at UCD and other research partners for the purpose of public good research that informs policy appraisal and conduct research on a range of animal health issues in conjunction with DAFM staff;
  • ICBF for the purpose of public good research to further the objectives of the Department’s TB Eradication Programme to assist in conducting research in Ireland in relation to the association of sensitivity or resistance to TB with the genetic make-up of animals.
  • The Courts in the event of prosecutions for non-compliances with legislation.

Transferred outside the EU:

Not applicable.

Retention Period:

The data processed for these purposes will be held by DAFM only as long as the legal requirement on herd-owners to register with the Department in order to keep animals pertains, under the Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. No 58 of 2015) and Council Directive 64/432/EEC, and the herd-owner’s herd is registered and continues to test as part of the TB Eradication and Brucellosis Monitoring Programmes. 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. However, DAFM may retain the personal data:

  • Where the processing is deemed necessary for compliance with a legal obligation which requires processing by law to which DAFM is subject;
  • For the performance of a task carried out in the public interest;
  • In the exercise of official authority vested in DAFM;
  • For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; and/or
  • where it is necessary for the establishment, exercise or defence of legal claims.

Data provision being statutory or contractual obligation:

The data processed is required for the purpose of registering a herd and as a keeper of animals under the Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. No 58 of 2015) and Council Directive 64/432/EEC and/or as a herd-owner. It is a legal requirement to register with DAFM in order to keep animals. Failure to supply the required information will mean the herd-owner cannot be approved as keepers of animals.

Automated Decision Making:

Not applicable.

Information from Third Party:

Not applicable.

Technical information on data collected:

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

Data Subjects testing animals as part of the TB Eradication and Brucellosis Monitoring Programmes

The following is specific information in relation to the personal data collected from applicants seeking approval or approved to test animals as part of the TB Eradication and Brucellosis Monitoring Programmes (the Programmes).

Specified purpose:

The primary purpose for collecting this information is to approve applicants to test animals as part of the Programmes.

Specifically, this data is processed by ERAD Division for the purposes of:

  • Providing training and payment to applicants and ensuring compliance with taxation rules;
  • Public good research and to further the development of policy underpinning the Programmes;
  • Routine quality control of the Programme(s) and charging for additional costs incurred by the Department;
  • Appeal hearings where sanctions are imposed;
  • Ensuring the highest standards of financial management, including procurement and revenue collection, to ensure full compliance with EU and national financial, audit and control requirements;
  • Appointing persons as authorised officers under the Animal Health and Welfare Act 2013;
  • Assessing potential cases of fraud.

Legal basis:

This processing is necessary for compliance with a legal obligation to which DAFM is subject,for the performance of a task carried out in the public interest or in the exercise of official authority vested in DAFM, and/or for the performance of a contract to which the data subject is party.

Legislation:
Treaty on the Functioning of the EU art. 287 para. 3
COUNCIL DIRECTIVE of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine
The Comptroller and Auditor General (Amendment) Act 1993
Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1999 (S.I. No. 277/1999)
REGULATION (EC) No 852/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the hygiene of foodstuffs
REGULATION (EC) No 882/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules
COMMISSION REGULATION (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD
S.I. No. 673/2006 - Bovine Diseases (Levies) Regulations 2006
S.I. No. 786/2007 - European Communities (Animal Remedies) (No. 2) Regulations 2007
Commission Regulation (EC) No 341/2008 of 16 April 2008 on the issuing of import licences for applications lodged in April 2008 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat - Point 5(d) Annex to
S.I. No. 77/2009 - European Communities (Identification of Bovines) Regulations 2009
Animal Health and Welfare Act 2013 (S.I. 15 of 2013)
REGULATION (EU) No 1306/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
REGULATION (EU) No 652/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC
Animal Health & Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. 58 of 2015)
REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation)

Recipients:

Information may be shared with:

  • The Department of Agriculture and Rural Development Northern Ireland in the context of providing details, including underlying reasons, of any sanction imposed by DAFM in relation to TB and Brucellosis testing/sampling, for the purpose of ensuring that the Disease testing standards are upheld;
  • CVERA at UCD and other research partners for the purpose of public good research that informs policy appraisal and conduct research on a range of animal health issues in conjunction with DAFM staff;
  • External bodies such as: Ombudsman, Farming Representative Organisations, Independent Agricultural Appeals Office;
  • Members of the Dáil through Parliamentary Questions and Ministerial Representations;
  • EU Commission Auditors in the context of the Department's annual EU funding claim;
  • EU (Sante G) (Sante F), European Court of Auditors, Food Safety Authority of Ireland, Comptroller & Auditor General, Internal Audit Unit for the purposes of satisfying EU and national financial, audit and control requirements;
  • The Courts in the event of prosecutions for non-compliances with legislation and/or ER4 terms and conditions;
  • Veterinary Council of Ireland in the event of non-compliances with ER4 terms and conditions;
  • Office of the Revenue Commissioners where data subjects have authorised DAFM to use the Revenue On-Line Verification facility to access and confirm tax clearance status.

Transferred outside the EU:

Not applicable.

Retention Period:

The data processed for these purposes will be held by DAFM only as long as the Data Subject continues to test as part of the TB Eradication and Brucellosis Monitoring Programmesin 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. However, DAFM may retain the personal data where the processing is deemed necessary for compliance with a legal obligation which requires processing by law to which DAFM is subject and/or for the performance of a task carried out in the public interest and/or in the exercise of official authority vested in DAFM and/or for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes and/or or where it is necessary for the establishment, exercise or defence of legal claims.

Data provision being statutory or contractual obligation: