Data Protection Information Notice for the COVID-19 Passenger Locator Form

Update

From Sunday 6 March 2022, travellers to Ireland are no longer asked to complete a COVID-19 Passenger Locator Form.

Travel carriers will not ask to check a PLF receipt prior to boarding.

All data previously collected via the COVID-19 Passenger Locator Form will be destroyed 28 days following submission.

Background and Data Protection provisions

The purpose of this privacy information notice is to explain the purpose of the COVID-19 Passenger Locator Form (the “PLF”), what data was collected for passengers arriving in Ireland, who has access to that data, and the purposes for which the data was used. This notice also provides you with information about your data protection rights under data protection law, including under the EU General Data Protection Regulation (EU Regulation 679/2016) (‘the GDPR’).

Background

On 30 January 2020, the World Health Organisation declared that the outbreak of COVID-19 (novel coronavirus) originating in Wuhan, China, meets the criteria for a Public Health Emergency of International Concern (PHEIC) in accordance with the provisions of the International Health Regulations (2005). Since then, the Government of Ireland has implemented measures to limit the spread of COVID-19 to the greatest extent possible having regard to the immediate, exceptional and manifest risk posed to human life and public health by the spread of the disease. This includes several measures relating to international travel.

What the COVID-19 Passenger Locator Form was

The PLF was introduced by Regulations made under the Health Act 1947. Under these Regulations passengers arriving in Ireland on or after Wednesday 26 August 2020, other than those who are exempt, had to fill in an electronic PLF before departure.

The electronic PLF had the following functions:

collect information on where passengers entering the State will be staying for the 14 days after their arrival
capture a declaration regarding what documentation/proof of a medical event (vaccination, recovery or RT-PCR test result) the passenger holds, or exemptions to same
provide passengers with public health advice based on their recent travel history
provide information which may be used for contact tracing in the event that a recently arrived passenger had a confirmed or suspected diagnosis of COVID-19

The following passengers were exempt from completing a PLF:

people who are travelling in the course of their duties and are an international transport worker in possession of an annex 3 certificate, the driver of a heavy goods vehicle or are aviation crew or maritime crew
patients travelling to Ireland for urgent medical reasons, and that reason is certified by a registered medical practitioner or person with equivalent qualifications outside the State
passengers whose journey originated in Northern Ireland and have not been overseas in the 14-day prior to arrival
a person travelling to Ireland pursuant to an arrest warrant, extradition proceedings or other mandatory legal obligation
a member of the Gardaí or Defence Forces personnel travelling to the State in the course of performing his or her duties
children aged 11 and under
a person travelling to perform the function of or provide services to an office holder or elected representative, where such travel to Ireland is required to continue providing such services or performing such functions

The role of the Department of Health

The role of the Department of Health (‘the department’) is to serve the public and support the Minister for Health, Ministers of State and the government. The department’s mission is to improve the health and wellbeing of people in Ireland by:

keeping people healthy
providing the healthcare people need
delivering high quality services
getting best value from health system resources

The Department of Health has responsibility for the development of legislation underpinning the electronic PLF system, the Regulations that give it effect and for determining the purposes and means of the processing of personal data under the Regulations. This arises because the department is responsible for the development of public health policy and public health messaging in the context of the global pandemic caused by COVID-19.

The department was also responsible for ensuring that an appropriate data governance framework was in place in respect of the personal information provided on the electronic PLF, including appropriate data protection agreements between relevant parties. The department, therefore, entered into data processing agreements with the Health Service Executive, the Border Management Unit of the Department of Justice and An Garda Síochána.

As described below, the Department of Health is the data controller for the PLF.

The legislative provisions that allowed for collecting personal data relating to passengers arriving in Ireland

The PLF was underpinned by S.I. No. 45/2021 - Health Act 1947 (Section 31A - Temporary Requirements) (Covid-19 Passenger Locator Form) Regulations 2021. The relevant Regulation is published at http://www.irishstatutebook.ie/eli/2021/si/45/made/en/print.

The basis for the Regulations in primary legislation was section 31A (inserted by section 10 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020) of the Health Act 1947. The legislation is published at http://www.irishstatutebook.ie/eli/acts.html.

Who the Data Controller is

The Department of Health is designated as the data controller in relation to personal data processed for the purposes of the PLF Regulations and has put in place data processing agreements with relevant persons processing personal data under the Regulations. The Department of Health is therefore responsible for your personal data and has determined its responsibilities for compliance with obligations under data protection laws.

While the processing of personal data collected from the PLF is carried on by other organisations, the department, as the data controller, is the primary contact in respect of exercising your rights under data protection law. Contact details for exercising your rights in respect of data protection law are below.

The data protection principles we are using

The Department of Health is committed to adhering to the following principles of data protection:

personal data will be obtained and processed lawfully, fairly and transparently
personal data will be obtained for specific, explicit and legitimate purposes, and will not be used in a manner which is incompatible with those purposes
personal data collected and used will be adequate, relevant and limited to what is necessary to the purposes for which they are processed
personal data will be kept accurate, complete and up to date
personal data will be retained for no longer than is necessary
personal data will be processed in a secure manner

What personal data is

Personal data means any information relating to an identified or identifiable natural person. 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 identified or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Personal data collected from passengers arriving in Ireland

When considering what data would be used, purpose limitation and data minimisation principles were applied, and the processes was reviewed on an ongoing basis to assess whether all the collected information is required in order to meet the purposes set down in the Regulations.

The following personal data was collected through the PLF:

Personal data, which may include, but is not limited to the following:

first and last name
date of birth
mobile phone number
email address
passport number or National Identity Card (EU/EEA only)
UK or Irish citizen arriving directly from the United Kingdom
address and dates of residence for the next 14 days
number of children under 16 travelling with adult
the name and date of births of accompanying children

Travel information was also collected:

method of arrival (air/sea)
expected date of arrival
time of arrival
carrier
flight or ferry number
seat number
place of arrival
intention to transition to Northern Ireland/connecting flight
country of departure
date of departure (if applicable)
countries visited in the 14 days prior to your arrival in the state (except if transit and did not leave port or airport) and date of departure

Exemptions from COVID-19 public health regulations are as above.

Special Categories of Personal Data, which may include, but is not limited to the following:

Proof of vaccination against COVID-19:

vaccine name
date of most recent vaccination
possession of an EU Digital COVID Certificate or recognised equivalent

Proof of relevant test COVID-19 result:

date of test
time of test
country of test
possession of an EU Digital COVID Certificate or recognised equivalent

Proof of recovery from COVID-19:

date of positive test
possession of an EU Digital COVID Certificate or recognised equivalent or other proof

Exemptions from COVID-19 public health regulations:

a person travelling to Ireland for an unavoidable, imperative, and time- sensitive medical reason that is certified by a registered medical practitioner
a person travelling for urgent humanitarian reasons, and who is in possession of a written confirmation from the Minister of Foreign Affairs

How we collect your data

The personal data for the PLF was collected directly from individual members of the public who are passengers arriving in Ireland on or after Wednesday 26 August 2020, other than those who are exempt. Each of those passengers are required by the Regulations to complete a form, in electronic format, before arrival.

This personal data captured on the electronic PLF was uploaded to a database maintained by the HSE.

How we use your data

The information you provide may be used to contact you in the 14 days after you arrive in Ireland to verify the details given on the form and to provide you with public health advice. It may also be used for the purposes of contact tracing in relation to confirmed or suspected cases of COVID-19.

Personal data on the form may also be used for enforcement of the Regulations. The Regulations provide for offences which include failure to complete a form, providing false or misleading information, failure to update the information if it changes and failing to give to an officer who requests it, information required to verify the details on the form. An Garda Síochána are tasked with enforcement of the Regulations, and will investigate cases which are referred to them.

The organisations involved in processing the data provided on the PLF as per the data protection governance framework outlined earlier in this document are based in Ireland, and the processing agreements stipulate that personal information from the PLF will be processed within the European Economic Area (EEA) only.

How long we will keep your data

The electronic data collected from the PLF will be anonymised or permanently deleted no later than 28 days after you arrive in Ireland.

However, if a case is referred to An Garda Síochána for enforcement in line with the Regulations, your data will be retained for as long as is necessary.

Your rights under data protection legislation

You have certain rights available to you in relation to personal data held by the department. However not all rights listed are applicable in every circumstance. These rights are outlined below and can be exercised by contacting the Data Protection Officer, as detailed below, indicating which right(s) you wish to exercise.

right to access your data
right to have inaccuracies corrected
right to have information erased
right to restriction of processing
right to move your data (data portability)
right to object to processing
right to withdraw consent if you previously gave consent in relation to processing of personal data
right not to be subject to a decision based solely on automated processing, including profiling
right to lodge a complaint with the Data Protection Commission

How to access your personal data

To obtain a copy of your personal data held by the Department of Health, please complete a Subject Access Request Form. The completed form, along with some photographic identification (passport/driver’s licence) should be returned to the address below:

Data Protection Officer

Address:

Department of Health, Block 1, Miesian Plaza, 50-58 Lower Baggot Street, Dublin, D02 XW14

Website:

www.gov.ie/health

Email:

DPO@health.gov.ie

Phone number:

01 6354476
01 6354114
01 6354258

The information requested will be provided within one month of the date of receipt of the request by the department.

There are a small number of circumstances in which the right to access personal data may be limited. For example, data subjects do not have a right to see communications between the department and its legal advisers where it would be subject to legal privilege in court. The right of access to information relating to other people is also curtailed.

Right to make a complaint

You have the right, if you are unhappy with how we have delivered on our obligations, to make a complaint at any time to the Data Protection Commission. You can contact the Commission at:

Data Protection Commission