Privacy Notice

1. 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 limited to) www.lda.ie; www.dundrumcentral.ie

2. Who we are (identity of the data controller)

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:

Land Development Agency, 2^nd Floor, Ashford House, Tara Street, Dublin 2

3. 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 peoples 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.

4. 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.

5. Collection, processing and retention of personal data

Some examples of personal date that the LDA processes in its dealings with the public includes:

• General information: Individuals name, email, address, contact numbers, etc
• Website specific: Location data, Internet Protocol (IP) Address, cookie consent, etc

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.

6. 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. 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 express consent.

We 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.
  The Land Development Agency has implemented a range of technical and organisational security measures in order 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.

8. 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.

9. 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.

10. The right to rectification

If you believe that any personal data, 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.

11. 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

12. 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

13. 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

14. 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

15. 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.

If you wish to exercise one of your data subjects rights outlined above, enquire about any of the information contained in this privacy notice or request further information, please do not hesitate to contact our Data Protection Officer at [email protected] . The LDA will respond to you as soon as possible and will aim to fulfil any exercise of your rights within one calendar month.

Any data subject request will be responded to within one month, however we reserve the right to refuse or charge an administration fee for the furthering of any of the above requests if they are done so in a frivolous, vexatious or excessive manner. We will inform you if an administrative charge is being applied before fulfilling your request, so you can decide whether to proceed.

16. Complaints

Should you wish to discuss a complaint, please contact our Data Protection Officer at [email protected] who will happily assist you.

Alternatively, if you are unsatisfied with the Land Development Agencies response to your concern, 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).

17. Specific Data Processing Notice for the “Affordable Homes – LDA Cost Rental applications and Tenancy Management”

The LDA has procured and retained the services of licensed property services providers to provide letting and tenancy management services. Theses 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 no.	To collect details of interested parties, who self-identify as being eligible.
2	Post Lottery Eligibility Checks	Proof of ID All household Members (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 EU National Identity Card) Photo ID is sought from ALL applicants including children as the units are allocated based on the no. of applicants. Proof of address (Utility Bill e.g. telephone, mobile, gas, electricity, heating, oil, waste collection (where a utility bill is a first bill, a second form of address verification is required)/Correspondence from a Regulated Financial Institution operating in the Republic of Ireland (Insurance / Assurance Co., Bank, Building Society, Credit Union, Credit Card Company)/Correspondence from a Government Department / Body) 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: If employed: Employment Details Summary (P60) Last three months’ payslips End of Year Statement (P21) If self-employed– a minimum of 1 year’s accounts, along with an up-to-date tax balancing statement and preliminary tax receipt. Social Welfare Income – documentary 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 18 is also included in the assessment for qualification, evidence of payments to these household members is also needed. Employer Reference, dated within the previous 6 weeks Landlord Reference, dated within the previous 6 weeks Bank Statements for the previous 6 months	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 21, 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 and 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 21.
3b	On-going Tenancy (management company and indoor environmental quality management and utilities management, repairs and maintenance)	Name, Address, Phone Number, Email, PPS and Bank Account details, extracted from data provided in application process. Energy usage, water usage, humidity, air quality in property to manage operating costs and to ensure quality living environment.	To comply with obligations imposed by Residential Tenancies Act 2004, the Housing (Standards for Rented Houses) Regulations 2019 and the Affordable Housing Act 21.

Retention Period/Duration of Processing

The LDA will comply with the Statutory requirements of the Residential Tenancy Board and 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	If the applicant is not successful in relation to the application process
Application	12 months	12 months, or the applicant an withdraw at any time
Post Lottery Eligibility Checks	6 years	12 months
To create tenancy agreements, set up payment standing orders and to register tenancies with the Residential Tenancies Board (RTB)	6 years from end of tenancy	N/A
On-going Tenancy (management company)	6 years from end of tenancy	N/A

Details of Automated Decision Making

A lottery process is completed using software developed by Bynaric specifically 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. in line with the Affordable Housing Act 2021 and associated regulations.