Privacy policy
This Policy sets out the obligations of Dublin Zoo, a registered charity located at Phoenix Park, Dublin 8, Dublin (“Dublin Zoo”) regarding data protection and the rights of data subjects (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); 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.
This Policy sets out Dublin Zoo’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by Dublin Zoo, its board members, staff, contractors, or other parties working on behalf of Dublin Zoo.
2. The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
· Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
· Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
· Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
· Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
· Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.
· Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
3. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
§ The right to be informed;
§ The right of access;
§ The right to rectification;
§ The right to erasure (also known as the ‘right to be forgotten’);
§ The right to restrict processing;
§ The right to data portability;
§ The right to object.
4. Lawful, Fair, and Transparent Data Processing
The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
§ Article 6 (1) (a): The data subject has given consent to the processing of their personal data for one or more specific purposes;
§ Article 6 (1) (b): The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
§ Article 6 (1) (c): The processing is necessary for compliance with a legal obligation to which the data controller is subject;
§ Article 6 (1) (d): The processing is necessary to protect the vital interests of the data subject or of another natural person;
§ Article 6 (1) (e): 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 the data controller; or
§ Article 6 (1) (f): The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
The Company will set out for each processing activity it carries out the legal basis on which it relies but will when possible use Article 6 (1) (b), (c), and (f) in the employee privacy notice and the Dublin Zoo privacy notice on the website.
If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
§ Article 9 (2) (a): the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);
§ Article 9 (2) (b): The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
§ Article 9 (2) (c): The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
§ Article 9 (2) (d): The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
§ Article 9 (2) (e): The processing relates to personal data which is clearly made public by the data subject;
§ Article 9 (2) (f): The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
§ Article 9 (2) (g): The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
§ Article 9 (2) (h): The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
§ Article 9 (2) (i): The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
§ Article 9 (2) (j): The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
The Company will only process special category data when required and will mainly rely on:
- Article 9 (2) (c): vital interest
- Article 9 (2) (h): assessment of the working capacity of an employee
5. Specified, Explicit, and Legitimate Purposes
The Company collects and processes the personal data set out in Part 21 of this Policy. This includes:
§ Personal data collected directly from data subjects; and
§ Personal data obtained from third parties.
§ Dublin Zoo only collects, processes, and holds personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the GDPR).
§ Data subjects are kept informed at all times of the purpose or purposes for which Dublin Zoo uses their personal data.
§ Adequate, Relevant, and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) .
6. Accuracy of Data and Keeping Data Up-to-Date
The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.
The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
7. Data Retention
The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
For full details of Dublin Zoo’s approach to data retention, including retention periods for specific personal data types held by Dublin Zoo, please refer to our Data Retention Policy.
8. Secure Processing
The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
9. Accountability and Record Keeping
The Company’s Data Protection Officer (DPO) is being provided by BH Consulting. The DPO is reponsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, Dublin Zoo’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.
The Company shall keep written internal records as part of its compliance with Art 30 of the GDPR of all personal data collection, holding, and processing, which shall incorporate the following information:
§ The name and details of Dublin Zoo, its Data Protection Officer, and any applicable third-party data processors;
§ The purposes for which Dublin Zoo collects, holds, and processes personal data;
§ Details of the categories of personal data collected, held, and processed by Dublin Zoo, and the categories of data subject to which that personal data relates;
§ Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
§ Details of how long personal data will be retained by Dublin Zoo (please refer to Dublin Zoo’s Data Retention Policy); and
§ Detailed descriptions of all technical and organisational measures taken by Dublin Zoo to ensure the security of personal data.
10. Data Protection Impact Assessments
The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
§ The type(s) of personal data that will be collected, held, and processed;
§ The purpose(s) for which personal data is to be used;
§ Dublin Zoo’s objectives;
§ How personal data is to be used;
§ The parties (internal and/or external) who are to be consulted;
§ The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
§ Risks posed to data subjects;
§ Risks posed both within and to Dublin Zoo; and
§ Proposed measures to minimise and handle identified risks.
If you have a new project in your area which may require a DPIA, please contact the DPO.
For full details of Dublin Zoo’s approach to Data Privacy Impact Assessments and Privacy by Design, please refer to our DPIA Policy on Privacy
11. Keeping Data Subjects Informed
Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and how it will be collected, processed, and stored, and for what purposes. This will be done through the Employee Privacy Notice and the Dublin Zoo privacy notice on the website.
12. Data Subject Rights
Subject Access Requests
Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which Dublin Zoo holds about them, what it is doing with that personal data, and why.
Data subjects wishing to make a SAR may do so in writing, using Dublin Zoo’s Subject Access Request Form, or other written communication. SARs should be addressed to Dublin Zoo’s Data Protection Officer. Contact information is available from John Sweeney and Amy Vickers.
Responses to SARs shall normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
All SARs received shall be handled by Dublin Zoo’s Data Protection Officer.
The Company does not charge a fee for the handling of normal SARs. Dublin Zoo reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
Rectification of Personal Data
Data subjects have the right to require Dublin Zoo to rectify any of their personal data that is inaccurate or incomplete.
The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing Dublin Zoo of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
Erasure Requests
Data subjects have the right to request that Dublin Zoo erases the personal data it holds about them in the following circumstances:
§ It is no longer necessary for Dublin Zoo to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
§ The data subject wishes to withdraw their consent to Dublin Zoo holding and processing their personal data;
§ The data subject objects to Dublin Zoo holding and processing their personal data (and there is no overriding legitimate interest to allow Dublin Zoo to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);
§ The personal data has been processed unlawfully;
§ The personal data needs to be erased in order for Dublin Zoo to comply with a particular legal obligation.
Unless Dublin Zoo has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
Restriction of Personal Data Processing
Data subjects may request that Dublin Zoo ceases processing the personal data it holds about them. If a data subject makes such a request, Dublin Zoo shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
Data Portability
Where the processing of personal data is otherwise required for the performance of a contract between Dublin Zoo and the data subject, data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
This will generally not be applicable in Dublin Zoo
Objection to Processing of Personal Data
Data subjects have the right to object to Dublin Zoo processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
Where a data subject objects to Dublin Zoo processing their personal data based on its legitimate interests, Dublin Zoo shall cease such processing immediately, unless it can be demonstrated that Dublin Zoo’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
Where a data subject objects to Dublin Zoo processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. Dublin Zoo is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
For full details of Dublin Zoo’s approach to data subject rights requests, please refer to the Dublin Zoo Data Subject Rights Policy.
All personal data is collected, held, and processed by Dublin Zoo is recorded in a Register of Data Processing Activities as per Article 30 of the GDPR.
13. Data Security - Transferring Personal Data
Dublin Zoo shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
§ All emails containing personal data must be marked “confidential”;
§ Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
§ All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
14. Data Security - Storage
Dublin Zoo shall ensure that the following measures are taken with respect to the storage of personal data:
§ All electronic copies of personal data should be stored securely using passwords;
§ All hard copies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
§ All personal data stored electronically should be backed up
§ Personal data may only be transferred to devices belonging to employees, contractors, or other parties working on behalf of Dublin Zoo where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to Dublin Zoo that all suitable technical and organisational measures have been taken).
15. Data Security - Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Dublin Zoo Data Retention Policy.
16. Data Security - Use of Personal Data
Dublin Zoo shall ensure that the following measures are taken with respect to the use of personal data:
§ No personal data may be shared informally and if an employee, contractor, sub-contractor, or other party working on behalf of Dublin Zoo requires access to any personal data that they do not already have access to;
§ Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, contractor, sub-contractors, or other parties at any time;
§ If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it
Dublin Zoo has a number of Employee related policies detailing the above which all Employees are provided with and sign up to on commencement of employment via the Dublin Zoo Employee Handbook
17. Data Security - IT Security
Dublin Zoo shall ensure that the following measures are taken with respect to IT and information security:
§ All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by Dublin Zoo is designed to require such passwords.;
§ Under no circumstances should any passwords be written down or shared between any employees, contractors, contractors, or other parties working on behalf of Dublin Zoo, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords; All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. Dublin Zoo’s IT staff shall be responsible for installing any and all security-related updates after the updates are made available by the publisher or manufacturer.
Dublin Zoo has a number of Employee related policies detailing the above which all Employees are provided with and sign up to on commencement of employment via the Dublin Zoo Employee Handbook
18. Organisational Measures
Dublin Zoo shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
§ All board members, employees, contractors, or other parties working on behalf of Dublin Zoo shall be made fully aware of both their individual responsibilities and Dublin Zoo’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy
§ Only board members, employees, sub-contractors, or other parties working on behalf of Dublin Zoo that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by Dublin Zoo;
§ All board members, employees, contractors, or other parties working on behalf of Dublin Zoo handling personal data will be appropriately trained to do so;
§ All board members, employees, contractors, or other parties working on behalf of Dublin Zoo handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
§ Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
§ All personal data held by Dublin Zoo shall be reviewed periodically, as set out in Dublin Zoo’s Data Retention Policy;
§ The performance of those contractors, contractors, or other parties working on behalf of Dublin Zoo handling personal data shall be regularly evaluated and reviewed;
§ All employees, contractors, contractors, or other parties working on behalf of Dublin Zoo handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
§ Where any contractor, contractor or other party working on behalf of Dublin Zoo handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless Dublin Zoo against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
19. Transferring Personal Data to a Country Outside the EEA
The transfer of personal data to recipients outside the EEA is generally prohibited unless:
§ the jurisdiction in which the recipient is located is deemed to provide an adequate level of data protection;
§ the data exporter puts in place appropriate safeguards; or
§ a derogation or exemption applies.
The intention of the GDPR is to protect the personal data of EU Citizens where ever it is held; there are strict requirements governing where personal data can be transferred to, and the measures that must be put in place for such transfers to be legal.
Appropriate Safeguards for Data Transfer
Dublin Zoo may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
For the majority of data processing, the transfer of personal data outside of the EEA shall take place only if one or more of the following applies:
§ The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data. A list of these countries is available from the European Commission
§ The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of:
o a legally binding agreement between public authorities or bodies;
o binding corporate rules;
o standard data protection clauses adopted by the European Commission;
o compliance with an approved code of conduct approved by a supervisory authority; certification under an approved certification mechanism (as provided for in the GDPR);
o standard contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
It is expected that for the most part Dublin Zoo will avail of the standard contractual clauses or an adequacy decision.
Other Acceptable Conditions for Data Transfer
In some circumstances, Dublin Zoo may transfer personal data relating to its research and conservation work with partner zoos, organisation or individuals involved in similar work. These may not have data protection agreements in place or be able to avail of the above mechanisms.
In the event that an adequacy decision does not apply to the destination country and appropriate safeguards cannot be put in place via the above methods, a transfer of personal data may only be made internationally if one of the following situations applies:
a) The data subject explicitly consents to the transfer, having been informed of the risks
b) The transfer is necessary to meet the contractual commitments of the data subject or the data subject asks for the transfer prior to the contract
c) The transfer is in the data subject’s interest with respect to the contract
d) It is important for reasons of public health (recognised by law)
e) The transfer is to do with a legal claim
f) The data subject’s vital interests are protected by the transfer or if they are unable to consent to it
g) The transfer is made from a public register
This will consist of employee data. Employees are informed of this in the Audiovisual Consent Form and the Employee Privacy Notice. Dublin Zoo therefore will process these transfers on the basis of consent.
A list of current international data transfers is available in appendix 2.
20. Data Breach Notification
All personal data breaches must be reported immediately to the DPO. If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the DPO must ensure that the Data Protection Commission is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of data subjects, the DPO must ensure that all affected data subjects are informed of the breach directly and without undue delay.
For full details of Dublin Zoo’s approach to personal data breaches please refer to the Data Breach Policy