MetroLink Data Protection Notice

MetroLink Data Protection Notice

This Data Protection Notice is issued by Transport Infrastructure Ireland, Parkgate Business Centre, Parkgate Street, Dublin 8, D08 DK10 (“TII” or “we”, “us”, “our”). The purpose of this Data Protection Notice is to inform you of the data relating to you that we may collect and use in connection with MetroLink Project (the “Project”), the uses (including disclosures to third parties) we may make of such data in compliance with data protection law, including the EU General Data Protection Regulation 2016/679 (“GDPR”), the Data Protection Act 2018, the EU Privacy and Electronic Communications Directive 2002/58/EC, and any national implementing laws, as amended or updated from time to time and your rights in relation to such personal information.

For the purposes of the GDPR, TII is the controller of such personal data.

Personal Data that we Process

We may collect and process the following personal data in relation to you in connection with the Project:

  • Your contact details – e.g. your name, address, telephone number, email address;
  • Property details - Details in relation to property owned, previously owned by you or which you are occupying where such property is impacted by the Project, including property records (e.g. from the Land Registry and the Registry of Deeds), survey records, photos of the property (both internal and external), details of any property agreements (e.g. legal agreements) and details such as whether you are the property owner or tenant;
  • Contacts information - Personal data relating to you which is provided when you communicate with us via email, social media direct messages, postal correspondence, face to face conversations, telephone voice message and telephone calls;
  • Public comments - Comments that you make about the Project publicly in all forms of media, including public social media posts (please see our Media Review Notice for further details);
  • Public consultation - Any personal information that you have provided to us, through the non-statutory public consultation process for the Project and any personal information provided by you in statutory public consultation submissions to An Bord Pleanála;
  • Sensitive personal data relating to health - Only if you volunteer details of any health issues in communications with us, for example, in the context of stakeholder engagement or a property survey (Note: we will never request any such information and ask that you refrain from providing any such information to us if possible); and
  • Other information – Any other information that you provide to us in connection with the Project, including on inspection of Railway Order documents and information we require for the purposes of completing the compulsory acquisition of land in accordance with the Railway Order. Such information might include land valuations and details of agents acting on your behalf.

We may collect the data described above directly from you (e.g. where you contact us with queries in relation to the Project, where you take part in the public consultation process (including any submissions to An Bord Pleanála) or where you engage with us as part of the title verification process in relation to property owned by you).

We also collect the above personal data regarding property ownership/occupancy and public comments about the Project indirectly from publicly available sources, including media articles, social media posts and public registers such as the Land Registry, the Registry of Deeds, the Companies Registration Office, the Residential Tenancies Board, etc.

Automatically collected data

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. The information that we collect cannot be used by us to identify or contact you. This includes demographic information regarding, for example, user IP addresses, browser types and other anonymous statistical data involving the use of our website. For information about the cookies we use to collect some of this information, please see our cookies policy here.

Legal basis and purpose of processing personal data

We may collect and disclose certain categories of personal data relating to you for the following purposes and on the legal bases set out below:

Category of Personal Data

Purpose for Processing Personal Data

Legal Basis

Contact details and contacts information –

Name, address, email address, phone number, information provided when you communicate with us via social media direct messages, telephone voice messages/calls, face-to-face, postal correspondence, and opinions expressed during non-statutory public consultations.

  • Contacting you in order to provide you with updates in relation to the Project where you have requested such updates via Metrolink.ie, including in relation to any development works which might affect you / your property.
  • Generally managing our relationship with you as part of our engagement with you in relation to your property. 
  • Managing issues in relation to affected properties along the proposed MetroLink route, including any planning or health and safety issues, claims or litigation.
  • Generally ensuring that the Project is managed in accordance with TII's functions under statute and in accordance with principles of public participation in decisions relating to the environment (i.e. by conducting public consultations in respect of the Project).

 

Article 6(1)(a) of GDPR – Consent –Subscribers can elect to receive updates on the Project relevant to them/their property and provide their explicit consent to their personal data being processed in this way.

 

 

Article 6(1)(e) of GDPR – Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; Under section 11(1)(a) of the Transport (Railway Infrastructure) Act 2001 TII’s functions include the provision of light railway and metro railway infrastructure.  Responding to correspondence and queries from the public, along with conducting stakeholder engagement and enabling public participation in decision making relating to major infrastructure, is part of the necessary functioning and management of TII in providing metro railway infrastructure.

Public Comments –

Names, social media handles, professional title (where applicable), comments / opinions (in relation to the Project)

 

For the purpose of our review of public commentary on the Project to enable us to understand the public’s view of the Project or certain aspects of the Project in order to engage with stakeholders

Article 6(1)(e) of GDPR – Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; Under section 11(1)(a) of the Transport (Railway Infrastructure) Act 2001 TII’s functions include the provision of light railway and metro railway infrastructure. Ongoing stakeholder engagement is essential to the successful delivery of such metro railway infrastructure.

Property Details (Book of Reference) –

Name, address and details in relation to a property owned, previously owned by you or which you are occupying; where such property is impacted by the Project including property records (e.g. from the Land Registry and the Registry of Deeds), unique property ID, survey records, photos of the property (both internal and external), details of the existence of property agreements (e.g. legal agreements) and details as to whether you are the property owner or tenant of the property.

In order to comply with our legal and regulatory obligations in seeking a Railway Order in respect of the Project, TII was required in accordance with Section 40 of the Transport (Railway Infrastructure Act) 2001 as amended to:

  • compile the owners, assumed owners and occupiers of lands impacted by the Project (the "Book of Reference") including by reference to property records (e.g. from the Land Registry and the Registry of Deeds);
  • serve documents on every occupier and owner of lands impacted by the Project setting out details of the identity of the individual compile a document that details relevant owner(s), assumed owners and/or occupier(s) of the lands, the unique property ID applicable to those lands and the relevant extract of the Book of Reference;

 

  • display the Book of* Reference in TII's offices in a manner that is easily accessible to the public;
  • make the document available electronically in line with the instructions provided by An Bord Pleanála; and
  • ensure a hard copy of the Book of Reference is on display at the offices of Fingal County Council, Dublin City Council, the National Transport Authority and An Bord Pleanála.

This involved the processing of certain personal data relating to you as detailed in the Category of Personal Data column to the left.

*As the public consultation period is now over, TII has removed each of these documents from TII’s public display areas.

Article 6(1)(c) and (e) of GDPR – Our legal basis for collecting and using this information is that such processing is necessary for us to comply with our legal and regulatory obligations and for us to carry out our tasks in the public interest and/or in the exercise of official authority vested in us. This includes legal obligations arising under Sections 37, 40, 46 and 48 of the Transport (Railway Infrastructure Act) 2001.

 

Property details (Property Owners Protection Scheme) –

Name, address, email address, phone number, details in relation to the property (including maps and title to the property) property survey records, unique photos of the property (both internal and external)

 

Provision of property surveying services in connection with the Project.

Article 6(1)(a) of GDPR – Consent – Participants in the Property Owners Protection Scheme provide their explicit consent to their personal data being processed in connection with this scheme.

Property details (compulsory acquisition of land) –

Name, address, email address, phone number, details in relation to the property being acquired including title information, property records (e.g. from the Land Registry and the Registry of Deeds), survey records, unique property ID, photos of the property (both internal and external), along with additional information such as property valuations, agents acting on your behalf, etc.

Undertaking the compulsory acquisition of property in connection with the Project in accordance with the Railway Order.

Article 6(1)(e) of GDPR – Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; Under Section 45 of the Transport (Railway Infrastructure Act) 2001 TII’s functions and powers include the compulsory acquisition of land specified in a Railway Order in connection with the provision of light railway and metro railway infrastructure.

 

Again please note that TII will never request special category personal data from you (such as data relating to health or political opinions). However, in the unlikely event that we process any such special category of personal data in circumstances where you volunteer this information to us (for example, in the context of stakeholder engagement) or it is available publicly (for example, in the context of public social media posts/comments in relation to the Project) we will do so either on the basis of your consent, or on the basis that our processing of such data is necessary and proportionate to the performance of our functions.

If we collect and process any special category personal data in relation to you, we will retain such data only for as long as is required and ensure that it is securely deleted once there is no further need for us to keep it.

Recipients of Data

We may disclose any of your personal data detailed in the “Personal Data that we process” section above to third parties in connection with the above purposes, in the following circumstances:

  • With third parties who we engage to provide services to us in connection with the Project, such as professional advisers/consultants, auditors, surveyors and outsourced service providers;
  • The National Transport Authority;
  • Where required or permitted by law, with other public authorities and bodies, such as the Gardaí or other law enforcement authorities for the purposes of the prevention, investigation or detection of crime; and
  • If we are under a duty to disclose or share your information in order to comply with any legal obligation to which we are subject or to protect our rights or property.

In connection with the Project, the following are the key service providers and categories of recipients of personal data:

Recipient of Personal Data

Purposes of Processing

Legal advisors

Provision of legal services in connection with the Project

Stakeholder Management software provider

Provision of a digital stakeholder management system

Microsoft

Provision of cloud services, word processing and email services

Architects

Provision of advice on architectural and built heritage matters

Printing services provider

Provision of printing services, for example, in respect of the notification and confirmation packs to be served on owners and occupiers of property impacted by the Project in connection with the Railway Order application

Property surveyors

Provision of property surveying services including in connection with the Project Property Owners Protection Scheme for the Project

Media review service provider

Provision of media reviewing services as detailed above

Infrastructure delivery software provider

Provision of a Common Data Environment for Business Information Management (‘BIM’) purposes in connection with the Project and system development services and support

External consultants

For the purposes providing consultancy and support services in respect of the Project

Estate agents/valuers

For the purpose of arriving at estimates of compensation and entering into, negotiating and reaching settlement agreements in the context of any compulsory land acquisitions

Agents working on behalf of affected property owners

At the request of the relevant property owner for the purposes of engaging with that person in relation to the Project

Insurance Brokers / Providers

For the purposes of providing insurance products and services to TII

Construction Contractor

Only in certain limited circumstances to ensure that any works that may impact on you or your property are appropriately managed (only strictly to the extent required)

 

As set out above, certain limited personal data relating to you (i.e. name and address) and your title to the property which is contained in the Book of Reference may have been  disclosed to members of the public who accessed that information by inspecting the Book of Reference at the offices of TII, Fingal County Council, Dublin City Council, the National Transport Authority and An Bord Pleanála and/or via the website of An Bord Pleanála and MetroLink (https://www.metrolinkro.ie/). This information was only disclosed to the extent it was necessary and to comply with our legal and regulatory obligations. The information was made available publicly for a limited period of time in accordance with Transport (Railway Infrastructure) Act 2001. As the consultation period has expired, this information is no longer publicly available on the MetroLink website or on TII’s premises.

As part of the TII’s Railway Order application process under the Transport (Railway Infrastructure) Act 2001, TII has been directed by An Bord Pleanála to ensure TII’s responses to all public consultation submissions are published on the MetroLink Project website (https://www.metrolinkro.ie/). These documents will be published on the MetroLink Project website until such time as the Oral Hearing has been completed and a decision has been made by An Bord Pleanála. If you have made a submission to An Bord Pleanála, any personal data relating to you (i.e. name and address) and other information contained in your submission to An Bord Pleanála will be accessible on the MetroLink Project website for this period.

Cross-border Data Transfers

In connection with the Project, we may transfer your personal data outside the European Economic Area (‘EEA’) to service providers in the United Kingdom which the European Commission has recognised as providing an adequate level of data protection pursuant to Article 45 of the GDPR.

Limited categories of personal data that we collect from you may also be transferred to and stored at the United States of America, which is a jurisdiction that is not recognised by the European Commission as providing an equivalent level of protection for personal data as is provided for in the European Union. In such circumstances we will ensure appropriate safeguards are in place to protect the transfer of your personal data outside of the EEA, namely by entering into a contract governing the transfer which contains the ‘standard contractual clauses’ approved for this purpose by the European Commission in accordance with Article 46 of the GDPR.

Further details of the measures that we have taken in this regard are available from our Data Protection Officer, using the contact details indicated below. 

Retention

We will retain your personal data for the duration of the Project and for such a period of time after the Project ends as is necessary to comply with our obligations under applicable law and, if relevant, to deal with any claim or dispute that might arise in connection with the Project including until the acquisition of all relevant land and property has been completed pursuant to the Transport (Railway Infrastructure) Act 2001.

However, where it is not necessary to keep personal data for the duration of the Project, for example, in the case of telephone message recordings and most media review information, such information will be deleted once it is no longer needed.

Security of Your Information

TII has adopted appropriate technical and organisational security measures to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction or damage. We will also ensure that our agents or third-party service providers who process your data are required to keep your data safe and secure.

Your Rights

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

  • Right to access the data – You have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.
  • Right to rectification – You have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
  • Right to erasure – You have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
  • Right to restriction of processing or to object to processing – You have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
  • Right to data portability – You have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.

When we process personal data that you provide to us based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of any processing before consent was withdrawn.

In order to exercise any of the rights set out above, please contact our Data Protection Officer in writing at A. O’Shaughnessy, Transport Infrastructure Ireland, Parkgate Business Centre, Parkgate Street, Dublin 8, D08 DK10 or by telephone or email at: Tel: +353 1 646 3600, Email: dataprotection@tii.ie

We will respond to your request within one month. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. We will inform you of any such extension within one month of your request.

Contact us

If you have any questions about this Data Protection Notice or our use of your personal data, please contact our Data Protection Officer: A. O’Shaughnessy, Transport Infrastructure Ireland, Parkgate Business Centre, Parkgate Street, Dublin 8, D08 DK10, Tel: +353 1 646 3600, Email: dataprotection@tii.ie

In circumstances where you have sought engagement with us in relation to the Project, in order to ensure the information we hold in relation to you remains accurate, please contact us at the following email address if your contact details change - info@metrolink.ie

Complaints

To make a complaint or raise any concern about how we use your personal information, please contact us in the first instance and we will endeavour to resolve the issue as soon as possible.

If you are dissatisfied with the way we have used your information or addressed your rights, you have the right to make a complaint to the Data Protection Commission. Please see the Data Protection Commission’s website for further details.

Changes to this Data Protection Notice

We reserve the right to change this Data Protection Notice from time to time at our sole discretion. If we make any changes, we will update the "Last Updated" date below. Please review this Data Protection Notice periodically for updates.

Last Updated: 1 November 2023