Customer Charter 2010 - 2011 The Office of the Data Protection Commissioner is responsible for upholding the Data Protection rights of individuals and enforcing the corresponding obligations on organisations, as provided under the Data Protection Acts 1988 and 2003. Further information is available on our website www.dataprotection.ie or by contacting our Office by phone 057-8684800 or LoCall 1890 252 231. This charter sets out the standard of service we aim to provide for you, our customer. As a customer, you may be either a data subject (i.e. an individual) or a data controller (an organisation that collects and controls personal data) or a data processor (an organisation carrying out a task involving the use of personal data, on behalf of a data controller) or a representative of one of these. Copies of this charter are available at points of service (on our website and at the reception desk in our office). We will measure and evaluate our performance against these standards and those set out in our business plan and report on this each year in our Annual Report. We aim for a relationship with our customers that is characterised by courtesy, efficient and effective service delivery and the minimum of delay. Contact by Telephone We will answer calls as quickly as possible, and aim to answer 80% of telephone calls within 20 seconds during our office hours (Monday to Friday, 09.15hrs – 5.30 pm (5.15 pm on Friday). When voicemail is in use, we will ensure that customers leaving messages receive a call back within one working day at the very latest. Callers to voicemail will be made aware if the person they are calling will be away for more than one day, and will be provided with an alternative contact number. We will give you our name once your call has been put through to the appropriate person and we will be courteous and helpful to you at all times. We will attempt to answer all queries in full at the time of your call. However, if the query raises complex issues, you may be asked to submit a written query to ensure that a comprehensive answer is supplied. Correspondence raising queries by Letter, Fax or Email We will acknowledge correspondence (queries) within 3 working days. We will keep you informed of progress if a final reply is not issued within 15 working days. We will communicate clearly, providing you with a full response to your queries in so far as is possible. 1 Timelines in respect of Registration applications and Investigations and Complaints under the Data Protection Acts We have duties and obligations to both data subjects and data controllers, as customers. Registration applications The purpose that underlies the registration system is to contribute to transparency in processing of personal data. All applications for registration will be accepted or queried, ordinarily, within one week. An updated register will be published on the web every fortnight and sectoral registration guidelines will be available. An on-line payments system is in place for the convenience of our customers. Investigations and Complaints We will acknowledge all new complaints within 3 days, keep you advised of progress on your case, and inform you as promptly and clearly as possible of the outcome of the examination. All complaints will be investigated impartially and independently in accordance with the principles of natural justice. The data controller, as well as the complainant, will be kept up to date as to the status of the complaint. Our approach to complaints, as provided under the Acts, is to try to reach an amicable resolution to the matter which is the subject of the complaint within a reasonable time-frame. In response to large increases in the volume of complaints, we have put in place a reviewing function at senior level which assesses each complaint and query received for investigation under the Acts on the basis of the evidence initially available. This allows some cases to be resolved informally to the satisfaction of both parties. In relation to formal complaints (assuming there is co-operation between the parties involved in the complaint and that the complaint raises no unusual difficult issues) we will endeavour to conclude our investigations within 10 - 12 weeks and advise you of our initial conclusions as soon as possible. If this schedule is unlikely to be met due to the protracted nature of the investigations or because there are particular difficulties for us in getting the information necessary to proceed with the case in accordance with our obligations under the Data Protection Acts, we will inform you of the change to the above schedule. If the Data Protection Commissioner makes a formal decision on a complaint, the complainant will be informed, in writing, of his/her right of appeal to the Circuit Court. 2 Visitors to our Office We provide reception and meeting room facilities at our public office and will ensure that these facilities are clean, accessible and maintained to a high standard of comfort and safety. We will provide you with the maximum level of privacy possible. We will meet you at an agreed time, if you have an appointment, and will be friendly, helpful and courteous in our dealings with you. Service through Irish We will ensure that people who wish to conduct their business through Irish are facilitated, and we will respond in Irish to correspondence received in Irish. We will respond in Irish, to telephone callers who wish to speak in Irish, immediately where possible, or offer to have the call returned promptly by a member of staff who can deal with the query in Irish. We will publish major documents such as our Annual Report simultaneously in both Irish and English, the Irish language version of our website (www.cosantasonrai.ie) will be maintained to ensure that it is an up-to-date, accurate and useful resource, we will develop the capacities of our staff to provide services through Irish and we will otherwise comply with the commitments set out in our Irish Language Scheme. Provision of Information We will provide comprehensive, definitive and clear information regarding data protection matters, using language and media which is suitable for our customers’ needs (subject to resource constraints). We will ensure that our more important public information material is available in both electronic and print format. Coordination of public service delivery We will ensure a high level of co-ordination with relevant bodies such as the Human Rights Commission, the Commission for Communications Regulation (ComReg), the Information Commissioner, the Regulator of Premium Rate Services (Regtel) and the National Consumer Agency as a central element of service delivery. Our international mutual assistance obligations mean that Data Protection Authorities in other jurisdictions, as well as the EU Commission for instance, are also our customers and we will continue to meet our responsibilities in this area through effective liaison with these bodies. Equality / Diversity/Disability We are committed to providing a service to customers that upholds their rights to equal treatment established by equality and disability legislation. 3 We will aim to ensure that our services and facilities are accessible to all our customers, including those with special needs. Quality of Service We are committed to providing the best possible service for our customers. We welcome your help in providing this service by making any comments, suggestions or complaints about the service you receive, or the way in which it is delivered. A complaint should be made in the first instance to the supervisor at the point of service, and we will do our best to resolve these complaints to your satisfaction. If you are not satisfied with the response you receive from the point of service and wish to make a formal written complaint, you should write to the Data Protection Commissioner who will examine your complaint. The Commissioner will endeavour to respond as soon as possible and at the very latest within 15 working days. Where it is not possible to issue a comprehensive reply immediately, an acknowledgment will issue in relation to your complaint within 3 working days. Consultation and Feedback We welcome your comments and suggestions on this Charter and on how we can improve our service in the future. You can email these comments to us at info@dataprotection.ie, or complete the online customer feedback forms on our website at www.dataprotection.ie, or phone ,write to or visit us about this (see contact details below). Where to get more information This Charter is available in both Irish and English. It is available in electronic format on our website www.dataprotection.ie, or in printed form. Help Us to Help You You can help us to give you a high quality service if you: Make an appointment when you wish to meet a member of staff. Quote any relevant reference number in all communications with us. Treat our staff courteously, as you would wish to be treated yourself. If you have internet access, check our website www.dataprotection.ie for information. Make comments or suggestions about the service you receive. Customer Service Complaints We wish to maintain an accessible, transparent and easy-to-use system of dealing with complaints about the quality of service provided by the Office of the Data Protection Commissioner. We welcome customers’ views, received both formally and 4 informally, and their advice on how we can improve our services. Customers are welcome to make their views known in person or by telephone. We will try to address customer concerns at the point of service if at all possible. If you wish to make a formal written complaint, please address it directly to the Commissioner at: Data Protection Commissioner Canal House Station Road Portarlington Co. Laois We will acknowledge your written complaint within 3 working days. We will respond, or give an interim response, to formal complaints within 15 working days. How to contact us: Address: Public office hours: Office of the Data Protection Commissioner Canal House Station Road Portarlington Co Laois Ireland Monday to Friday, 9.15 am – 5.30 (5.15 Friday) Telephone: From Ireland: (057) 868 4800 or LoCall 1890 252 231 From abroad: + 353 57 868 4800 Fax: From Ireland: (057) 868 4757 From abroad: + 353 57 868 4757 E-mail: info@dataprotection.ie 5