Personal Data Collection during Workplace Inspections and Investigations

Introduction

In order to carry out its statutory functions, including inspecting places of work and conducting investigations, the Health and Safety Authority collects personal data. This personal data will generally be collected by Authority Inspectors and the operators of our workplace contact centre. The personal data we collect is:

• for use by the Authority in fulfilling its functions under Safety, Health and Chemicals legislation and the relevant statutory provisions,
• the minimum required to allow the Authority to fulfil its statutory functions, and
• kept confidential by the Authority and its agents.

Types of Data Collected

Authority Inspectors and our contact centre staff may collect the following types of personal data while carrying out a workplace inspection or investigation or dealing with a workplace complaint:

• Name, address and contact details of the employer
• Name, job title/role, date of birth and contact details of individuals, witnesses or injured parties spoken to
• Name, address, contact details, of next of kin of victims of workplace injury or ill-health the circumstances leading to the injury or ill-health and the nature of the injury or ill-health
• Name, address, contact details, training, education, health status, as applicable of witnesses and suspects
• Name, address & contact details of solicitors acting on behalf of any of the above
• Other personal data where this is required for the purposes of carrying out an investigation or inspection or dealing with a complaint

How we use your Personal Data

We use contact information in case we need to contact you as a follow-up to the inspection, for example if we want to verify that corrective action has been taken.

We may use contact information to inform duty holders of areas for improvement or of breaches of legislation and to serve enforcement notices where appropriate.

Where we conduct investigations we may use personal data to contact witnesses and suspects and as part of the necessary evidence gathering process where enforcement action, including prosecution, may be contemplated.

Personal data will be used and processed in preparing investigation files.

Who we share your Personal Data with

We maintain all personal data as confidential. Personal data may be shared in the following circumstances:

• Where a joint investigation with another law enforcement body is being carried out and the sharing of information is necessary for the purposes of the investigation and the sharing of data is carried out in a lawful manner and as provided for in a memorandum of understanding with the other body
• Where an investigation is being carried out and an independent expert needs access to statements or other records that may contain personal information
• When forwarding an investigation file to the DPP
• When personal data from an investigation file is required by an Garda Siochana for the purposes of a Garda investigation
• When  personal data from an investigation file  is required by a Coroner for the purposes of an inquest
• Where the Authority is obliged or otherwise authorised to provide the data by law

How long we hold your Personal Data for

We hold inspection and enforcement data for a period of 10 years. Where a fatality or serious injury investigation or prosecution has occurred the personal data may be held for longer.

How we ensure your privacy is maintained

Authority mobile devices that may contain personal data are encrypted. Access to personal data is restricted to those staff who may require the information. Procedures and systems are in place to safeguard information.

Your legal rights relating to your Personal Data

You have the following rights in relation to your personal data:

• The right to ask what personal data that we hold about you
• The right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you
• The right to have any personal data about you deleted

Where an investigation or prosecution is under way or we have taken or are contemplating taking enforcement action some of these rights may be restricted.

If you wish to exercise any of the above rights, please email your request to our data protection officer at dpo@hsa.ie