Data Protection Policy
The PRA’s Data Protection Policy may be viewed here. Key points of our policy are set out below.
1. Privacy Statement The PRA is committed to data protection and the safeguarding of the rights of all individuals (staff and customers) to privacy and integrity in relation to the processing of their personal data. The Property Registration Authority will treat all information and personal data that you provide as confidential, in accordance with the General Data Protection Regulation and Data Protection legislation and the PRA legislation as set out in section 3 below.
2. Rights of Data Subjects As a public body, the Property Registration Authority (PRA) has a legal obligation to fulfil its statutory function of managing the Registry of Deeds and the Land Registry and dealing with applications relating to Ground Rents. The General Data Protection Regulation (GDPR) requires organisations to be transparent about how they process individuals’ data and ensure that the processing has a legal basis. The PRA is committed to Data Protection and the safeguarding of the rights of all individuals to privacy and integrity in relation to the processing of their personal data. Your rights are enforced through Articles 15 – 22 of the GDPR which are set out below. Article 15: Right of access by the data subject You have the right to access the data that we hold on you. To do so, an application form should be submitted along with proof of identity (ID) and address so that it may be authenticated. Please see Question 10 of the Data Protection Policy for further details. Article 16: Right to rectification We make every effort to ensure that your personal data is accurate and up to date. However, if you think that your personal data is not accurate or relevant you can contact the PRA’s Data Protection Unit. You should set out clearly the personal data involved and the reasons why you consider it to be inaccurate. We will either amend the data without undue delay or explain to you why we will not do so. Article 17: Right to erasure (right to be forgotten) You have the right, in certain circumstances, to have your data erased or no longer processed. However, this right cannot interfere with the statutory functions of the PRA. Should you wish to have your data erased, please email the Data Protection Unit and your request will be considered. Please set out clearly the personal data involved and the reasons why you consider that the data should be erased. We will either grant the request without undue delay or explain to you why we will not do so. Article 18: Right to restriction of processing In certain circumstances you have the right to request that we restrict processing of your personal data. However, this right cannot interfere with the statutory function of the PRA. You may apply either in writing or by email to the Data Protection Unit so that your request may be considered. You should clearly set out the personal data involved and the reasons why you consider processing should be restricted. We will either grant your request without undue delay or explain to you why we will not do so. Article 19: Notification obligation regarding rectification or erasure of personal data or restriction of processing Access to the public Land Register is available through our online application, Landdirect.ie, or by application to one of our public counters, or by post to the PRA offices. Such information is subject to change as the Land Register and Register of Deeds are dynamic and constantly changing records. Where feasible, changes including rectification, erasure of personal data or restriction of processing will be notified to the relevant parties. Article 20: Right to data portability You have the right to data portability unless it applies to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Article 21: Right to object You have the right to object to certain processing, unless the processing is carried out for the performance of a task undertaken for reasons of public interest or in the exercise of official authority vested in the controller. Where such an objection is received, the PRA will assess each case on its merits. You also have the right to object to direct marketing. On occasion, the PRA has reason to communicate with its customers via email. Such emails are only issued to customers who have actively opted in to receive them and who may at any time choose to opt out. For further information please see Question 21 of the Data Protection Policy. Article 22: Automated individual decision-making, including profiling You have the right not to be subject to a decision based solely on automated processing, including profiling which produces legal effects concerning you or significantly affects you. Applications for registration submitted to the PRA are not subject to automated processing.
3. Purpose of data collection The PRA collect data for the purposes of fulfilling its statutory duty of maintaining and completing the Land Register.
4. What is the legislative basis for collecting this data? The legislative basis for processing personal data is for the purposes of completing and maintaining the Land Register under the Registration of Title Act 1964, Registration of Deeds and Title Act 2006, and the Land and Conveyancing Law Reform Act 2009. The Land Registration is also governed by the Land Registry Rules 2012. The Rules can be found here http://www.prai.ie/category/information/lr-rules/
5. What personal data does the PRA hold? The PRA collects personal data only for purposes of completing and maintaining the public Land Register. Personal data includes names, addresses, lodging party and applicant details. There may also be some official documents held at the point of registration such as bank details, affidavits, correspondence, application forms etc.
6. Who has access to the details of my Folio? Folios form part of the public register and may be accessed by members of the public through our online service Landdirect at https://www.landdirect.ie/ or by submission of the appropriate application form available at http://www.prai.ie/forms/.
7. What details are available on pending applications? Under Rule 59 of the Land Registration Rules, notice of every application received for registration shall, pending registration, be entered on the folio of the register. This Rule also applies to first registrations. Interested parties may receive information on the pending application which may include the following; 8. How long are documents retained? The documents pertaining to the registration of a property are held indefinitely under Rule 152 (3) of the 2012 Land Registration Rules which states that ”except as in this Rules otherwise provided, all other instruments under which an entry in a register is made shall be retained in the Registry”. However, documents such as applications for Folios and Instruments are not held indefinitely and may be destroyed according to the PRA’s retention schedule. 9. What are the categories of personal data held? The categories of personal data are as follows: 10. How do I make a subject access request? Subject access requests should be made in writing, following the procedure below. Submitting a subject access request to the incorrect section could cause delays to the processing of the request. Subject access requests may be made to Liz McDonnell, Data Protection Unit by completing the Subject Access Request Form available for download here and emailing it to DataProtectionUnit@prai.ie with “Subject Access Request” in the subject heading. The Property Registration Authority (PRA) is closely monitoring Government and HSE advice in relation to the COVID-19 pandemic. We will no longer be in a position to accept Subject Access Requests lodged through the post/DX. Our public offices will remain closed. We will continue to monitor the situation closely and provide ongoing updates. All subject access requests must be accompanied with the appropriate identification to ensure authentication of the applicant. Without the appropriate identification of the applicant the request may not be processed as it cannot be considered a valid request. 11. How do I know my request has been received by the appropriate person? Upon receipt of a subject access request you will receive an acknowledgement from the Data Protection Unit. 12. How long will my request take to complete? All valid subject access requests will be completed within one month of receipt. In the unlikely event that it cannot be completed within this timeframe, notification will be given to the applicant. 13. What is exempt from data protection legislation? There are certain documents which are exempt from data protection legislation and may not be included in a subject access request reply. 14. How do I access documents that are exempt from data protection legislation? Access to copy folios and Instruments may be granted on the submission of the appropriate application form which can be found at http://www.prai.ie/forms/ You may also view folios and request copies of folios on Landdirect at https://www.landdirect.ie/ 15. Right to rectification (correction) of personal data We make every effort to ensure that your personal data is accurate and up to date. If you think that your personal data is not accurate or relevant you can contact the Data Protection Unit . This is under Article 16 of the General Data Protection Legislation. You should set out clearly the personal data involved and the reasons why you consider it to be inaccurate. We will either amend the data without undue delay, or explain to you why we will not do so. 16. Who is the PRA Data Protection Officer? The Data Protection Officer (DPO) is Aidan Timmins who oversees compliance in the PRA. The PRA has also established a Data Protection Unit which administers data protection legislation. Damien Gorman is the Data Protection Manager and Liz McDonnell is the Data Protection Administrator. The Data Protection Officer and Data Protection Unit may be contacted by emailing DataProtectionUnit@prai.ie 17. How do I make a complaint if I am concerned about my personal data? The PRA takes data protection very seriously and will endeavor to ensure that your data is protected at every stage. However, you have the right to query and or complain either through the Data Protection Unit, Data Protection Officer or Data Protection Commission. Contact Details Data Protection Unit and Data Protection Officer In writing: Data Protection Unit, Property Registration Authority, Chancery Street, Dublin 7. Data Protection Commission In writing: Office of the Data Protection Commissioner. Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland. 18. Is there a fee for making a subject access request? No, under the General Data Protection Regulation there are no fees associated with making a subject access request. However, in exceptional cases where a request is deemed to be manifestly unfounded, excessive due to its repetitive character or where a request for copies has already been provided a fee may be imposed. 19. Data Sharing in the PRA The PRA provides bulk data extractions as part of its function to provide access to the public Land Register. The Land Register and Register of Deeds are dynamic and constantly changing records. The PRA is not liable for any loss or liability associated with the re-use of such information and does not warrant that such information is up-to-date or error free. The Property Registration Authority may also provide bulk data extracts from the Land Register in accordance with the following legislation: In respect of applications from private organisations Any request for data which is in accordance with Rule 165 of the Land Registration Rules 2012 as above may be applied for. The appropriate fee as set out in the Land Registration (Fees) Order 2012 is payable. In respect of applications from Public Bodies. Applications for bulk data extraction from the Land Register are made through the Data Protection Unit and Spatial Information Unit. Guidelines on applying for bulk extracts can be found here. For further information please see Mapping Guidelines Appendix 7b 20. ICT data protection The full policy on ICT retention and the use of this site can be found here http://www.prai.ie/privacy-policy/ 21. Subscriber mailing list The PRA update their contact database as part of on-going measures to notify customers of policy changes and/or customer notification emails. Correspondence in this manner is only issued on a needs basis and is rare in nature. Our mailing list allows subscribers to unsubscribe/subscribe themselves automatically through a link on the correspondence. This allows the PRA to contact external customers via email and other correspondence in relation to policy changes etc. Subscribers may opt out at any stage by emailing Helpdesk-CorporateServices@prai.ie Email addresses of subscribers are not used for any other purpose and are not shared with third parties. 22. Updates This policy is subject to ongoing review and may be changed at any stage.
The Irish Land Register is a public record and any person, as provided for under Rule 165 of the Land Registration Rules 2012, may inspect the folios and maps, on payment of the prescribed fees. In this regard data protection legislation, as provided for under Section 60(7)(m) of the Data Protection Act 2018, does not apply to the data contained in the folio given that the land register is a public register.
Access to Land Registry Instruments is governed by Rule 159 of the Land Registration Rules 2012 and, therefore, access to an Instrument (i.e. documents lodged in respect of a completed application for registration) cannot be granted under data protection legislation as part of a Subject Access Request.
All records created in relation to court proceedings are considered court records and therefore fall solely under the control of the courts. Accordingly, it is a matter for the Judge to decide whether, and in what format, access to the record is to be provided.
By email: DataProtectionUnit@prai.ie
By email: info@dataprotection.ie