Privacy Statement The Irish Financial Services Appeals Tribunal (“IFSAT” or “the Tribunal”) was established by the Central Bank and Financial Services Authority of Ireland Act 2003. IFSAT is an independent tribunal which hears and determines appeals from aggrieved parties against certain decisions of the Central Bank of Ireland (the “Central Bank”). “Personal Data” means data which identifies a person or could identify a person, such as their name, contact details, images and voice recordings. The purpose of this Privacy Statement is to explain what is done with Personal Data when IFSAT processes it as a data controller under the General Data Protection Regulation (the “GDPR”). This Privacy Statement provides information about the type of Personal Data the Tribunal collects, what it is used for; what the legal basis is; who it may be shared with and how long it may be retained. It also provides information about the rights of individuals in relation to their Personal Data. This Privacy Statement covers all Personal Data processed by IFSAT in order to deliver its appointed functions including the Personal Data of: |
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The Personal Data of employees (if any) is dealt with under a separate notice. Any questions about this Privacy Statement or about the Personal Data held can be addressed to the Tribunal by email at registrar@ifsat.ie, or by calling 01 872 7693. IFSAT IFSAT is a quasi-judicial body which was established under the Central Bank and Financial Services Authority of Ireland Act 2003 in order to hear appeals against certain decisions of the Central Bank. Examples of decisions that can be appealed to the IFSAT include: |
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The purposes of processing The Tribunal collects Personal Data for the purpose of hearing appeals and making determinations regarding those appeals. For example, Personal Data is collected in order to communicate with appellants, respondents and witnesses; to enable witnesses to give evidence, and to keep an appellant and respondent updated on the status of the appeal. Personal Data is also collected for the purpose of entering into contracts with suppliers of goods and services needed in order to carry out the Tribunal’s functions and activities. The types of Personal Data collected. Personal Data of appellants, of witnesses providing evidence to IFSAT and contracted parties is collected and processed. The following is a non-exhaustive list of the categories of Personal Data collected and processed in relation to those activities: |
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IFSAT appeal procedures are primarily paper based but the Tribunal also holds hearings. Save for exceptional circumstances, the hearings are held in public and evidence, including appellants’ and witnesses’ Personal Data will become publicly available if referred to at hearings. The Tribunal publishes its decisions on its website How Personal Data is collected. Appellants and witnesses provide much of the information that is processed, either directly (or through a legal representative). For example, an appellant or a witness in an appeal may provide Personal Data when the party: |
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The Tribunal may also receive Personal Data in other ways. For example, other individuals or entities may furnish Personal Data when they provide information or evidence to IFSAT. In many cases, information is provided on a voluntary basis. However, IFSAT may also require the provision of information, including Personal Data, pursuant to its statutory powers under the Irish Financial Services Appeals Tribunal Rules 2008 for the purposes of discharging its statutory functions. The Legal Basis for Processing Under the GDPR, IFSAT is required to have a legal basis for processing Personal Data. For Personal Data which does not fall within the definition of special category Personal Data or Personal Data relating to criminal convictions or offences, it will rely on the legal basis described below for processing. When processing Personal Data, the Tribunal will, at all times, consider whether the processing of such Personal Data is necessary for IFSAT’s proceedings and functions. For the most part, Personal Data is processed on the basis that the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in IFSAT. For providers of services to IFSAT, the primary legal basis for processing of Personal Data will be that it is necessary for the performance of a contract. Special Categories of Personal Data Special category Personal Data includes Personal Data revealing racial or ethnic origin, political opinion, religious or philosophical beliefs, and trade union membership, as well as Personal Data concerning health, or Personal Data concerning a person’s sex life or sexual orientation. For the most part, when special category Personal Data is processed it is likely to relate to health data. The legal basis for this processing is: |
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Personal data relating to criminal conviction and offences IFSAT carries out the processing of Personal Data relating to criminal convictions and offences under the control of official authority. Sharing Personal Data. For the purpose of undertaking its statutory duties, IFSAT may share Personal Data with the following main groups: |
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IFSAT may also share Personal Data where it is under a legal obligation to do so, or where it is necessary to assist with a criminal investigation. The safe-keeping of Personal Data. IFSAT has implemented appropriate physical, technical and organisational safeguards to protect the security of Personal Data and ensure that it is not at risk from unauthorised access. It does not transfer Personal Data outside the EEA. The Retention Period of Personal Data. Personal Data contained in tribunal records shall be retained for the purposes of the proceedings including any appeal and enforcement action and for archiving purposes following the determination of the proceedings to which the Personal Data relate. IFSAT will retain contracts entered into with persons that supply goods and/or services to the IFSAT for a period of 7 years from the date of the termination of the contract. Rights Individuals have a number of rights in relation to the use by IFSAT of Personal Data. These rights are listed below, although certain exemptions or restrictions may apply. In particular the Tribunal cannot give a person access to a copy of his or her Personal Data if this would adversely affect the rights and freedoms of others. Subject thereto individuals have the rights following: |
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Complaints. If a person considers that his or her Personal Data has been misused or mishandled, a complaint may be made to the Data Protection Commission, or the relevant supervisory authority in another EU Member State. The Data Protection Commission’s contact details are: |
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Contact details for our Data Protection Officer: Persons with Disabilities We will ensure that the needs of people with disabilities are identified and fully catered for. We will make every effort to ensure our buildings, services and the information we provide are fully accessible to meet the needs of people with disabilities.
Contact details for our Access Officer:
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