Right of Access
Rights of Access
Under Data Protection legislation, individuals have a right to obtain from the Department of Culture, Heritage and the Gaeltacht, a copy of any personal information held on them on computer or structured filing system. This is commonly referred to as a Subject Access Request.
How to make a request
In order to obtain copies of personal data held by the Department, a request must be made in writing seeking the information.
Requesters can be asked to provide additional details that may be necessary to locate the records, such as their personnel number or PPSN. It will be necessary to obtain proof of identity and address to ensure that the person making the access request is acting legitimately.
Requests should be sent to the following address:
Data Protection Officer
Department of Culture, Heritage and the Gaeltacht
23 Kildare Street
A Subject Access Form is available to assist you HERE.
Is there a fee?
There is no fee applicable to making an access request for your own personal data, unless the request is considered manifestly unfounded or excessive.
When should a response be issued?
Under the General Data Protection Regulation (GDPR), the information requested must be provided within one month. Where requests are complex or involve a large number of requests, this time limit may be extended for a further two months.
Are there exceptions to the right of access?
Some exceptions do apply to the release of data, including access to third party data, legally privileged data, or data required for the prevention, investigation or prosecution of criminal offences.
Section 61(1) also allows for restrictions on the exercise of the rights of data subjects where processing is for archiving purposes in the public interest.
Right of Appeal
If the Department fails to comply with a valid data access request, the requester has the right to make a complaint to the Data Protection Commissioner. The Commissioner will investigate the matter and has wide powers to ensure the Department complies with the provisions of the Acts. Financial penalties can be imposed.
Complaints should be made in writing, including email, to the Data Protection Commissioner at:
The Office of the Data Protection Commissioner
Tel: 057 868 4800
The website of the Data Protection Commissioner at www.dataprotection.ie is an excellent source of information. They can also provide information by phone or by email.