WRC Remote Hearings
Your privacy is important to us and we are committed to keeping your personal information safe. This data protection statement is intended to provide you with information about the personal information we collect about you and how that information is used and shared. It also sets out your privacy rights. Please take a moment to familiarise yourself with our privacy practices so that you are fully aware of how and why we are using your personal data.
1. Data Controller
The Workplace Relations Commission (the “WRC”) is the Data Controller for all WRC Hearings. This means that we have certain responsibilities when we process or “use” your Personal Data. Part of these responsibilities include that we provide you with information about your personal data. This information is set out in this Data Protection Statement.
2. Our Data Protection Officer
We have appointed a Data Protection Officer, Ms. Celyna Coughlan for you to contact if you have any questions regarding this data protection statement, our privacy practices or if you wish to exercise your data rights. Our Data Protection Officer can be reached by e-mail at: email@example.com. We value your opinions. Should you have any questions or comments related to this data protection statement, please contact us at: firstname.lastname@example.org.
3. Virtual hearings in the WRC
Following the Supreme Court judgment Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General IESC  IESC 24 on 6 April 2021 a number of changes were required to the procedures at the WRC. Important data protection changes as a result of this judgment are set out below:
- WRC Adjudication cases are held in public (i.e. can be attended by members of the public and members of the media) When you make a complaint to the Workplace Relations Commission about an employment rights or equality matter, you can choose to participate in talks with the WRC Mediation Service. Mediation is in private.
- Decisions are published in a non-anonymised format (i.e. providing full names and other details of all parties including workplace, pay and other information pertinent to the complaint) on the WRC website. This is unless an application is made and granted, or an Adjudication Officer decides of their own motion that there are ‘special circumstances’ which warrant a private hearing and/or anonymised decision.
4. Information we will collect in relation to our Virtual Hearings
We will collect personal data provided by you when you complete your Complaint Form. This personal data will include information such as your name, signature, address, eircode, contact details (e-mail, address and phone number).We will also collect other information provided by you in support of your complaint including in certain cases, your employment history, financial information such as your salary details and other information relating to your case that you have provided by way of enclosures to your complaint form and submitted to us. Please be aware that some of the personal data you have submitted may also be sensitive personal data (e.g. medical data, data relating to a minor (a child) in Equal Status Act cases or other data provided by you in support of a sexual harassment or bullying complaint).
We may also collect your personal data in relation to objections to remote hearings.
We would remind parties not to submit any personal data which is not strictly necessary to support your case and to be mindful of your own GDPR obligations. Please take whatever measures are necessary to ensure that personal data which is irrelevant to your case is not included in documentation submitted to the WRC. We would also ask parties to ensure that they do not send original documents.
5. Why we are using your personal data?
The primary purpose for which we use your personal data is in relation to the processing of your complaint by way of scheduling an Adjudication Hearing where your case will be heard by an Adjudication Officer and brought to a resolution.
6. What is our legal basis for using your personal data?
We are required by data protection law to indicate to you the legal basis which relates to our use of your personal data. These are (as relevant):
- Article 6(1)(c) GDPR- processing is necessary for compliance with legal obligations to which the Controller (i.e. the Workplace Relations Commission; the “WRC”) is subject. The WRC is a statutory body with authority under employment rights and equality legislation to inquire into complaints, hold hearings and publish decisions.
- Article 6(1)(e) GDPR- processing is necessary for the performance of a task carried out in the public interest or in the exercise in official authority vested in the Controller (in this case the Controller is the Workplace Relations Commission (the “WRC”); and
- Section 31(1)(d) Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020– The WRC is a designated body with power to conduct remote hearings.
7. Who has access to the data?
Staff in the WRC with responsibility for the scheduling of Hearings, including our administrative staff who are involved in making the necessary arrangements to set up Virtual Hearings and provide support services to the Adjudication Officers who oversee the cases Documentation submitted by either party is routinely copied to the other side as part of transparency, fair procedures in the administration of justice.
Hearing Schedules are published on our website by reference to the adjudication number of the case. Adjudication Decisions are published on the WRC website and include the names of the parties involved except for Industrial Relations disputes which are in private and matters where special circumstances apply to warrant anonymisation. Please note that your name will be published on the WRC website as part of these processes unless the Adjudication Officer determines that anonymisation is necessary.
8. Data storage and retention
We will not retain or use your personal information for any longer than is necessary.
Your personal data will only be retained for as long as required for the processing of your Adjudication Complaint and to be retained until seven years have elapsed since the file was closed in order to comply with legal and regulatory requirements.
9. International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
10. Your data rights
You have certain rights under data-protection law in relation to how we use your personal information. You have the right, free of charge, to:
- Request a copy of the personal information we hold about you. You can do this by completing a Subject Access Request (SAR) form. A copy of the form is available here.
- Request to Rectify any inaccurate personal information we hold about you. If your personal data is incomplete, you have the right to have data completed, including by means of providing supplementary information. It is important to note that the right of rectification is restricted in certain circumstances.
- Request to Restrict processing of your personal information in certain limited circumstances (e.g. if you have contested the accuracy of your personal data, for a period enabling us to verify accuracy).
- Not be subject to a decision which is based solely on automated processing where that decision produces a legal effect on you or otherwise significantly affects you. We do not make automated decisions of this nature.
We may take measures to verify your identity. We will do this by reference to copies of acceptable identification documentation supplied by you.
11. Making a complaint
In the first instance, we would ask you to contact us directly if you have concerns about how we process your personal data. You can do this by e-mailing us at: email@example.com.
You can also Make a complaint with the Data Protection Commission (DPC) if you have concerns about how we process your personal data.
12. Changes to this data protection statement
We may update this data protection statement from time to time. If we make changes, we will notify you prior to the changes taking effect by posting a statement on our website.
28 July 2023