Privacy Notice

Introduction

The Land Development Agency (LDA) regards your privacy and the handling of your personal data with the utmost importance. This Privacy Notice details how we collect, use and securely store any personal data submitted to us through use of our website, and how we deal with your data in a more general sense.

There is also an explanation of the various rights you can exercise as a data subject, as well as how you can exercise those rights.

The scope of this privacy notice applies to the processing of Personal Data by The LDA and its associated websites including (but not limited to):

Who we are (identity of the data controller) and how to contact us

The LDA is a government agency focused on optimising the usage of State-owned lands.

The LDA is the Data Controller which means that The LDA is the entity which alone or jointly with others, determines the purposes and means of the processing of personal data.

Our registered office address is:

The Land Development Agency, 4th Floor, Ashford House, Tara Street, Dublin 2

Should you wish to discuss any data protection related issue, please contact our Data Protection Officer at [email protected] who will happily assist you.

If you are unsatisfied with the response of The Land Development Agency to your issue, under Article 77 of the GDPR you have the right to lodge a complaint directly with the Data Protection Commission. Information on how to do this is available at https://www.dataprotection.ie/docs/Raise-a-Concern/1716.html. Under Article 80, you may authorise certain third parties to make a complaint on your behalf (Such as legal representation).

Data Protection Legislation

The Data Protection legislation (including the Data Protection Act 2018 and the GDPR) are designed to:

Lay down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data.
Protects people’s right to the protection of personal data.
Protect the free movement of personal data within the Union

The Legislation confer rights on individuals in relation to the privacy of their personal data as well as responsibilities on those persons holding and processing such data.

What is personal data?

'Personal data' means any information relating to an identified or identifiable natural person ('data subject') and an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Collection, processing and retention of personal data

Some examples (not exhaustive) of personal data that the LDA processes in its dealings with the public includes:

General information: Individual’s name, email, address, contact numbers, etc.
Website specific: Location data, Internet Protocol (IP) Address, cookie consent, etc.
As a Cost Rental tenant: name, address, PPS Number, email address, phone number, proof of ID, proof of address, proof of residency, proof of income, bank account details.
As an Affordable Purchase applicant: name, address, phone number, email address, PPS Number, Identification documents, lending institution documents, solicitor/advisor details, mortgage letter of offer & approval, Bank details (detail of funds breakdown), Correspondence relating to the ‘Help-To-Buy scheme (HTB)’, HTB claim amount including reference number and access code, any other requirements in relation to the Contracts for Sale of homes.

Any personal information we collect will not be kept for any longer than it is necessary to provide the specific service. The length of the retention period depends on how long we need to process your data. In certain circumstances we are legally obliged to retain personal information for longer, such as accounting or regulatory purposes.

Legal Basis of process
The Land Development Agency uses different legal basis for different types of processing. A summary of these with some scenarios are as follows:

Legal Basis	Examples of when this is appropriate
Consent of the individual concerned	When you sign up for a newsletter of a proposed development that the LDA is managing
Contractual obligation with an individual	When you apply for a Affordable house purchase or enter into a tenancy agreement
Legal obligations of The Land Development Agency	Registering a tenancy with the RTB
Public interest/public task	Statistical analysis of energy usage within apartment blocks
Legitimate interest	(Non-public functions) Transferring tenancy data to facility management company

Security and sharing of personal data

The Land Development Agency is committed to the protection of any personal data it collects and processes, therefore we have implemented what we believe to be the most appropriate technical and administrative safeguards to prevent unauthorised access, use and disclosure of any personal data you submit to us.

The Land Development Agency has implemented a range of technical and organisational security measures to safeguard the personal data under its control. However, if a breach of data security occurs for reasons such as accidental disclosure, equipment failure, loss or theft etc, it is The Land Development Agency’s intention to ensure that in an event of a personal data breach occurring that the following steps will be adopted:

Assessment of the likelihood of risk posed to the Data Subject,
The notification of personal data breaches to the Data Protection Commission and data subjects where required,
Limiting and / or remedying the impact of personal data breaches,
Implementing controls to prevent a reoccurrence of a personal data breach.

Our website does not explicitly collect any personal data about you, apart from information which you willingly volunteer (for example, by emailing us or by filling out the contact us form). Any information which you provide in this way is not made available to any third parties and is used only specifically for the purpose for which you provide it.

Our site uses cookie technology. Click here to see our cookie policy.

Sharing of personal data

The Land Development Agency may disclose information to third parties where it is necessary, such as where there is a legal obligation; where permitted under Data Protection Legislation; for the purposes of the prevention and / or detection of fraud or crime; or with third party processors. Examples of third-party processors may include:

Our outsourced service providers such as IT, Website development, HR consultants, Data Protection Consultants, etc

Companies or individuals engaged by The Land Development Agency when undertaking Public Consultation and Engagement processes related to LDA Project Design and Development
Legal and professional advisers.

Under no circumstances will your information be sold or passed on to third parties for the purposes of marketing or sales purposes without your prior expressed consent.

Data Subject rights

Under the General Data Protection Regulation, GDPR, data subjects whose data has been processed by The Land Development Agency are entitled to exercise certain rights against their personal data. These rights are designed to put data subjects in the driving seat when it comes to how their personal data is handled by organisations.

The right to access

You are entitled to request a copy of any personal data The Land Development Agency may have garnered about you for:

The purposes of processing
The categories/categorisation of the subject data concerned
The recipients to whom the data has been distributed
The retention or envisioned retention period of the subject data
The source of the subject data.

The right to rectification

If you believe that any personal data which we hold on you is incorrect or incomplete you may request a correction or completion of this data. The right can be used in conjunction with the right to restrict processing to ensure that any inaccurate or incomplete data is not processed until corrected.

The right to erasure

You may request erasure of any personal data we hold on you, without undue delay in such circumstances as:

The retention of the subject data is no longer necessary for the purposes It was collected or otherwise processed
The data subject withdraws consent, and no other legal ground exist whereby The Land Development Agency may retain the data
The subject exercises the right to object to the retention of the data and no other overriding legitimate grounds exist whereby The Land Development Agency may retain the information
The personal data has been unlawfully processed
The personal data has to be erased for the purposes of compliance with an overriding legal obligation
The personal data has been collected in relation to the offer of information society services

The right to restrict processing

As an alternative to the right to erasure, you may ask us to cease processing your data, but not erase it entirely where one of the following grounds apply:

The accuracy of the data is contested
Processing of the personal data is unlawful
Personal data is no longer needed for processing, but is still required as part of a legal process
The right to object has been successfully exercised and processing has been temporarily halted pending a decision on the status of the processing

The right to data portability

You may request your personal data be transferred to another controller or processor in a commonly used, machine -readable format. This right can only be exercised when all of the following grounds apply:

The processing was on the basis of consent
The processing is by automated means, and
The processing if for the fulfilment of a contractual obligation

The right to object

You may exercise the right to object in instances where:

Processing is based on either the performance of a public task or legitimate interest
Processing is for direct marketing purposes
Processing is for the purposes of scientific or Historical purposes or
Processing involves automated decision-making, including profiling

How to exercise your rights

You may request to exercise any of these rights free of charge by contacting our Data Protection Officer at [email protected]. Typically, in order to further one of the following requests, we will ask for you to provide a form of identification for verification purposes.

10. Specific Data Processing Notices
a.) CCTV
The LDA uses CCTV of different types at its properties for differing purposes of processing which is summarised as follows:

Property Type	Purposes of processing
Within LDA Office Space	Protect the LDA offices and assets, both during and outside of operational hours (the system will be in operation 24 hours a day, every day). Assist our insurers to investigate, pursue and/or defend a claim for damage done to the insured property, business or a third-party personal injury. To assist in access control to the LDA office space.
In and about residential apartment blocks or housing development which we own	Protect the LDA buildings and assets, both during and outside of operational hours (the system will be in operation 24 hours a day, every day). Deter crime and vandalism of the residential properties, their associated equipment and materials and occupants. Assist our insurers to investigate, pursue and/or defend a claim for damage done to the insured property, business, or a third-party personal injury. Investigation of health and safety incidents
Development sites	Protect The Land Development Agency buildings and assets, both during and outside of operational hours (the system will be in operation 24 hours a day, every day). Monitor progress of construction.

Subject access request

Any person whose image has been recorded, has a right to be given a copy of the information recorded, providing that such an image/recording exists (has not been deleted) and provided that an exemption/prohibition does not apply to the release. This information can be provided to data subjects (or their legal representatives), pursuant to an access request where the time, date and location of the recordings is furnished to the Agency and where the provision of that CCTV recording does not place a substantial cost on the Agency. Access requests should be made to [email protected]

Retention period

The data will be retained for maximum of 30 days. However, data may be retained for longer and / or shorter periods where in the opinion of The Land Development Agency the events captured may be required at a later date for example in anticipation of court proceedings. Imagery is retained in a secure environment and is only accessible by authorised personnel.

b.) Specific Data Processing Notices - Affordable Homes – The LDA Cost Rental applications and Tenancy Management

The LDA has procured and retained the services of licensed property service providers to provide letting and tenancy management services. These service providers are licensed by the Property Services Regulator and are authorised by The LDA (Data Controller) to process data during the various phases of a Cost Rental tenancy.

Phase	Name of process	Data requested	Purpose
1	Application	Email address, Phone number	To collect details of interested parties, who self-identify as being eligible.
2	Post Lottery Eligibility Checks	Proof of Identification (ID) Photo ID is sought from ALL applicants including children as the units are allocated based on the number of applicants. Accepted forms of ID include: Current Valid Signed Passport Current Valid Passport Card Current Valid Travel Document Current Valid EU/EEA Driving Licence – must contain photograph (Irish Provisional accepted) Current Valid EU National Identity Card Proof of address: Correspondence from a Regulated Financial Institution operating in the Republic of Ireland (i.e., Insurance / Assurance Co., Banks, Building Society, Credit Union, Credit Card Company) Correspondence from a Government Department / Body Utility Bills: natural gas, electricity, heating, oil, waste collection, telephone or mobile telephone bill. NOTE: If a utility service is newly changed/acquired and it is your first bill, a second form of address verification will be required. Proof of Residency in the Republic of Ireland. Documents that are eligible as proof of residence are as follows: Employment Details Summary (P60) Statement of Payments / Benefits from Dept. of Social Protection Tenancy agreement if you are renting Bank statements for at least 3 months showing day-to-day transactions or Direct Debits for utility bills An employment letter from your current employer, which includes your name, address and date you commenced work Proof of income: Bank Statements for the previous six (6) months If employed: Employment Details Summary (P60) Payslips from the past three (3) months End of Year Statement (P21) If self-employed: a minimum summary of the past twelve (12) month’s accounts, along with an up-to-date tax balancing statement along with the corresponding preliminary tax receipt. Social Welfare Income: Documented evidence of all social insurance and social assistance payments, allowances and pensions being received by members of the household. As income of household members over the age of eighteen (18) is also included in the assessment for qualification, evidence of payments to these household members is also needed. Employer Reference, with valid contact details, dated within the previous 6 weeks Landlord Reference, with valid contact details, dated within the previous 6 weeks Document Request for all Household Members (over 18) Name Date of Birth PPS Number (not collected until accepted) Net Income (figure only - no supporting documents requested at this stage) Retain for future reporting (anonymised) Income Statement Bank Statements Employers Reference Landlord Reference Any additional supporting documentation	To confirm eligibility of entire household in order to move on to allocations of tenancies. This is based on guidelines in the Affordable Housing Act 2021, Housing Act 1966, Tusla Guidelines and compliance with the Units Grant of Planning and applicable Fire Certification.
3a	To create tenancy agreements, set up payment standing orders and to register tenancies with the Residential Tenancies Board (RTB)	Name, Address, Phone Number, Email, PPS Number, Bank Account details.	To comply with obligations imposed by Residential Tenancies Act 2004, the Housing (Standards for Rented Houses) Regulations 2019 and the Affordable Housing Act 2021.
3b	On-going Tenancy (management company, repairs and maintenance)	Name, Address, Phone Number, Email, PPS Number, Bank Account details (extracted from data provided in application process).	To comply with obligations imposed by Residential Tenancies Act 2004, the Housing (Standards for Rented Houses) Regulations 2019 and the Affordable Housing Act 2021.

Retention Period/Duration of Processing

The LDA will comply with the Statutory requirements of the Residential Tenancy Board and Affordable Housing Act 2021 as well as other applicable legislation. The LDA will endeavour to adhere to the principle of minimisation. The retention periods applicable to the relevant processing activities are summarised below.

Purpose of information	Retention Period
Purpose of information	Application Rejected (Pre-Lottery)	Declined	Accepted	Queued
Application for Cost Rental housing	Delete all personal data within 14 days of application if application does not meet eligibility criteria to proceed to lottery
Post-Lottery Eligibility Checks	12 Months	12 Months	6 years	Data may be retained for up to 12 months as applicants may be invited to submit documents at a later date, as per lottery ranking
To create tenancy agreements, set up payment standing orders and to register tenancies with the Residential Tenancies Board (RTB)	N/A	N/A	6 years from end of tenancy
On-going Tenancy (management company)	N/A	N/A	6 years from end of tenancy

Details of Automated Decision Making

A lottery process is completed using software which is specifically designed for the tenant selection process which meets the requirements of the Affordable Housing Act 2021. Participation in the lottery is subject to strict entry requirements. Automated decision making occurs through the creation of a priority listing of qualifying applicants. This is in line with the Affordable Housing Act 2021 and the associated regulations.

c.) Affordable Purchase

The LDA works with Local Authorities in the delivery of affordable housing for purchase in line with the Affordable Housing Act 2021. The LDA processes data during the various phases of the affordable purchase process.

Phase	Name of process	Data requested	Purpose
1	Data transferred from Local Authority to The LDA (each being separate controllers)	Details of Affordable Purchasers, Details of the Affordable Purchasers’ solicitors & advisors, Details of purchaser funds including Mortgage Letter of Offer, HTB claim amount including reference number and access code, Original signed Affordable Dwelling Purchase Arrangement, Consent to the registration of the Inhibition, Any other requirements in relation to the Contracts for Sale of homes.	To transfer data to The LDA in relation to the sale of affordable homes (in accordance with the Affordable Housing Act 2021).
2	Data processed by The LDA regarding the purchase of houses by Purchasers.	Name, Address, Phone number, Email address, PPSN, Identification documents (may receive these as part of “Help to Buy” scheme), Identity of lending institution, Mortgage approval documents, Details of funds breakdown, Solicitor details, Correspondence regarding help to buy scheme.	Data processed by The LDA regarding the purchase of houses by Purchasers (in accordance with the Affordable Housing Act 2021).
3	Data is transferred to the developer (Vendor) of the houses	Name, Address, Phone number, Email address, PPSN, Identification documents, Identity of lending institution, Mortgage approval documents, Details of funds breakdown, Solicitor’s details, Correspondence relating to the ‘help-to-buy scheme’.	The transferral of Personal Data is described as: Personal Data disclosed by the Purchaser to the Vendor / Vendor's Solicitor (relating to the Affordable Purchaser) that is reasonably required by the Vendor to affect the acquisition and sale of the Property.

Retention Period/Duration of Processing

The LDA will comply with the Affordable Housing Act 2021 and other applicable legislation. The LDA will also endeavour to adhere to the principle of minimisation. The retention periods applicable to the relevant processing activities are summarised below.

Purpose of information	If an applicant is successful at the end of the application process
Data transferred from Local Authority to The LDA, each being separate controllers	12 months
Data processed by The LDA regarding the purchase of houses by Purchasers.	6 years
Data is transferred to the developer (Vendor) of the houses	Data will be retained for no longer than is necessary for the Vendor to complete the sale and acquisition of the property

d.) Environmental and Sustainability monitoring (Realising The LDA Function & Purpose Through Research & Development monitoring of building and systems)

Introduction

To assist with sustainable development, The LDA are monitoring building and systems performance through the collecting of data such as energy consumption, water usage and electricity usage (using wall mounted monitors and bulk water meters). This will be carried out under the Heatcheck Research Programme with our partners NUIG (Construct Innovate) and CAIRN to support The LDA in their achievement of a number of strategic objectives.

Locations

This processing occurs at the following locations:

3 apartment blocks in Archers Wood, Delgany, Co Wicklow.

Duration of processing

This will be for a period of 12 months and then data will be anonymised.

Description of processing

In partnership with Construct Innovate, The LDA intends to commence monitoring of building & systems performance which it has acquired under the Project Tosaigh initiative. The research will be carried out under the Heatcheck Research Programme and will strive to achieve a number of The LDA’s strategic objectives. Namely:

Reduce Operational Carbon: through developing an understanding of heat pump performance and primary Energy Demand (PED) as a proportion of overall energy consumption. This data will be acquired from the electrical consumer units which breaks down use on a per circuit basis. This will allow the parsing of Primary Energy Demand from overall energy use.
Improve water stewardship: monitoring water use (this will be using existing bulk meter data - no additional metering required). This data will be acquired from the existing bulk water meter at the centrally located break tank.
Create Social Value: continual assurance that building & systems performance support tenant wellbeing. This is accomplished through upholding indoor air quality standards, and the optimising of efficient systems which supports affordable living in terms of utility bills. This data will be acquired using wall-mounted monitors which collect data such as room temperature, relative humidity, and carbon dioxide levels in individual apartments.

Partners and purpose

CAIRN Homes

Purpose:

Installation of monitors to apartments.

National University of Galway

To collect, store, analyse, disseminate and share non-personal building energy, IEQ and water consumption data. University of Galway will not be able to link data to an individual apartment. Data from meters will be collected by University of Galway. The data will be monitored to view usage of utilities in each apartment. University of Galway will not have access to personal data (occupants name, address, email, phone numbers, etc.). The University of Galway will have access to serial codes of sensors. The LDA will have access to a Master file linking serial codes of sensors to individual apartments.

Purpose:

To monitor usage in three (3) apartment blocks - for the provision of Safety, Health, Environmental & Quality (SHEQ) data and to support the achievement of The LDA’s strategic objectives.

National University of Galway

Purpose:

To monitor usage in three (3) apartment blocks - for the provision of Safety, Health, Environmental & Quality (SHEQ) data and to support the achievement of The LDA’s strategic objectives.

Data processed

Energy consumption at individual apartment level. This data will be acquired from the electrical consumer’s unit - which breaks down usage on a per-circuit basis. This will allow the parsing-out of Primary Energy Demand from overall energy use. Meter readings will monitor electric units used as well as water consumption.

Legal basis

Compliance with a legal obligation:

Under The LDA Act 2021, the Agency has a speciﬁc purpose & function in relation to sustainable development and management of its assets. This includes:

Purposes of the Act, Section 2(i):

“to promote best practice in housing development, including best environmental practice, innovative construction methods and climate adaptive housing..."

Functions of the Agency, section 14(1)(g):

“take measures to promote the sustainable development of communities & housing including climate adaptive, low carbon & affordable housing…”

The Agency Has further and specific obligations in relation to its role as a Public Body under the Climate Action and Low Carbon Development Act 2021, to:

“to reduce the extent of further global warming, pursue and achieve, no later than 2050, the transition to a climate resilient, biodiversity rich, environmentally sustainable and climate neutral economy…”

Under this Act, The LDA, as a commercial state body, has a specific obligation to adopt the CSS Framework developed by NewEra. The LDA Board adopted the Framework in April 2023. This places an obligation on the agency to report on its emissions (scope 1) and to adopt a suitable Framework i.e., “The Corporate Sustainability Reporting Directive (CSRD)”. This widens out the scope of reporting required by the Agency to include disclosure of its climate-related impacts through its development and asset management functions and includes scope 3 emissions (tenants).

In response to its primary obligations as noted above and in-line with other obligations such as the Energy Performance of Buildings Directive (EPBD) and the Energy Efficiency Directive (EED), The Land Development Agency is finalising its Sustainable Development Policy & Framework. This framework and policy establishes and elaborates on the strategic objectives of The Land Development Agency in relation to the sustainable development of homes & communities. These objectives are to:

1 – Reduce carbon (operational & embodied)

2 – Improve water stewardship

3 – Enhance Biodiversity & Climate Resilience

4 – Embed Circularity

5 – Optimise Sustainable Land Use & Mobility

6 – Create Social Value