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Civil Service Human Resources Personal Data Records Retention Schedule

Records* Series Description* Trigger (action initiating retention period)

Retention Period Action following retention period expiration

Rationale for action

Legal basis for processing under data protection^

Type of recipient to whom data may be transferred

UNIT HR HUMAN RESOURCES

HR-01 Human Resources: Policy and Planning

Annual Resource Plans

Until superseded

30 years Transfer to National Archives

National Archives Act, 1986

Article 6(1)(c) compliance with a legal obligation

Article 6(1)(f) legitimate interests

Department of Public Expenditure and Reform

NSSO

PAS

National Archives

Office of the Comptroller and Auditor General

HR-02 Human Resources: Recruitment through Public Appointments Service (PAS)

Competition file Adverts

Job descriptions

Application forms

Referee reports

Examination and interview results

End of competition

Unsuccessful candidates 3 years (unless a legal case is underway, then 7.5 years after conclusion).

Successful candidates: Relevant data for pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the

Destroy# Official records held by PAS



Article 9(2)(b) in instances where candidates reference disability or health data

Local HR

NSSO

PAS

Between Departments and Offices on transfer (individual file data)


1* Guidance only. Records listed and type of recipient not exhaustive. Departments and Offices should amend this schedule to suit the particular needs of each organisation^ For a (non-exhaustive) list of possible legal obligations under Article 6(1)(c) see Appendix 1 # This is issued as guidance only – Departments and Offices must not destroy any documentation until permission from the Director of National Archives is obtained. Departments and Offices must be aware of their obligations under the National Archives Act 1986.

Version 31 January 2020

Civil Service Human Resources Personal Data Records Retention Schedule Records* Series Description* Trigger (action

initiating retention period)





scheme policy, whichever is longer

Unsolicited job requests

Including CVs, letters. Not retained Nil Destroy# Data Protection Act, 2018

N/A N/A

HR-03 Human Resources: Direct Recruitment or on Licence from Commission for Public Service Appointments

Competition file (Direct Recruitment)

Adverts

Job descriptions

Application forms

Referee reports


End of competition

30 years

Successful candidates:

Relevant data for pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer

Transfer to National Archives

National Archives Act, 1986.

Reflects retention policy adopted by PAS in consultation with the National Archives.




Local HR

NSSO

PAS

Between Departments and Offices on transfer (individual file data)

National Archives


Interview board notes (successful and unsuccessful candidates)

Including board notes and scoring.

End of competition



Reflects retention policy adopted by the Public Appointments Service in consultation with



Article 9(2)(b) in instances where candidates reference disability

Local HR

NSSO

PAS

Between Departments/Offices

National Archives









the National Archives.

or health data Office of the Comptroller and Auditor General

HR-04 Human Resources: Internal competitions

Competition file

(Internal competitions)

Job descriptions

Application forms

Referee reports


End of competition

30 years

Successful candidates: Relevant data for pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer



Reflects retention policy adopted by the Public Appointments Service in consultation with the National Archives.




Local HR

NSSO

Between Departments/Offices on transfer

DPER for pensions purposes including calculating professional added years

National Archives


Interview board notes (successful and unsuccessful candidates)

Including board notes and scoring.

End of competition



Reflects retention policy adopted by the Public Appointments Service in



Article 9(2)(b) in instances where candidates

Local HR

NSSO


National Archives









consultation with the National Archives.

reference disability or health data


HR-05 Human Resources: Ministerial Appointments

Competition file, including correspondence

Job descriptions

Application forms

Referee reports

End of competition

30 years


Relevant data for pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer






Local HR

NSSO


National Archives


HR-06 Candidate Clearance

Candidate clearance files Garda vetting forms and report

Correspondence with An Garda Síochána

Police check for residence in other jurisdictions

Medical report

Health declaration

Clearance received & position taken up.

3 years


Relevant information may be kept for duration of employment plus 7.5 years. Relevant data for pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy,

Destroy# Data Protection Act 2018



Article 9(2)(b) of GDPR and section 46, 47 and 50 of the Data Protection Act, 2018 for special category data

HR file data:

Local HR

NSSO


An Garda Siochána

Office of the Comptroller and









References

Assignment form to particular post

Copy birth/ marriage / gender recognition / civil partnership certificates

Copy passport/ driving licence

Copies of certificates of qualifications

whichever is longer Auditor General

Entitlement to Work in Ireland

Visa, residency permit from INIS

Commencement of work

Data transferred to HR file kept for duration of employment plus 7.5 years.

Transfer to the National Archives




HR file data:

Local HR

NSSO


INIS

National Archives


HR-07 Human Resources: Employee Records

Individual Personnel files may include: Until transfer Relevant data for Retain within Business use Article 6(1)(c) Local HR Unit5

* Guidance only. Records listed and type of recipient not exhaustive. Departments and Offices should amend this schedule to suit the particular needs of each organisation^ For a (non-exhaustive) list of possible legal obligations under Article 6(1)(c) see Appendix 1 # This is issued as guidance only – Departments and Offices must not destroy any documentation until permission from the Director of National Archives is obtained. Departments and Offices must be aware of their obligations under the National Archives Act 1986.








departmental personnel files and/or information kept on systems (for example ePMDS, eProbation, Human Resources Management System (HRMS), Time Management System (TMS))

Name and address

Date of Birth

Gender

PPSN

PRSI class/sub-class

Probationary contract, including details of terms and conditions (pay, hours of work, holiday entitlements, benefits)

Changes to terms and conditions (e.g. promotion)

Marital/Civil status

Next of kin/emergency contact

Dependents (including details of names & date(s) of birth, gender)

Signed code of standards and

within Civil Service or retirement.

pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer

Department. Review for National Archives

compliance with a legal obligation



Other Government Departments/Offices and Agencies as required

NSSO

Revenue

Bank/Credit Union

Travel Agency

CMO

WRC/Labour Court

Internal/External Legal Advisors

HRMS Contractor

Payroll Shared Service Provider

Time and Attendance Provider

Agents and Contractors of the Department

Office and Paymaster General









behavior

Signed Official Secrets Act

Signed ethics in public office returns

Security clearance

Photograph, where relevant

Leave and attendance records

PMDS ratings portion

Date of appointment

Role profile/job specification

Grade

Details of competition from which appointed/promoted

Summary of qualifications (not copy/original certificates

Probation records

Changes to terms

Disciplinary Appeals Board members and secretariat

National Archives










and conditions (e.g. promotion)

Summary of annual leave balance

Consolidated record of entire career and location, including service overseas, career breaks, carers’/ maternity/ adoptive leave, paternity leave, parental leave, force majeure, workshare pattern change, reduced hours, unpaid special leave, paid special leave

Summary of promotion/acting up position

Record of previous service dates

Summary of transfer/secondment within Civil/Public Service

Summary of sick









leave

Summary of disciplinary action taken, including outcome

Summary of training/qualification gained while employed in Civil/Public Service

Summary of non-medical related absences

Summary of termination/cessation of employment (retirement/dismissal)

Summary of exit interview, where relevant

Local employee case files held by Line Manager

Documentation held by line managers relating to the management of employees, including performance management information PMDS (except for ratings portion), overtime, timesheets, conflicts of interest, issues, meetings, monthly

Each calendar year

Where relevant, 7.5 years beyond date of record creation.

Relevant data for pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving

Review and transfer to local departmental personnel file, where appropriate, subject to local records

Business use Article 6(1)(c) compliance with a legal obligation


Article 9(2)(b) of GDPR and section

Local HR Unit


Office of the Comptroller and









conversations. beneficiary of the scheme policy, whichever is longer

management processes in place.

46, 47 and 50 of the Data Protection Act, 2018 for special category data

Auditor General

NSSO

Revenue

WRC / Labour Court

Bank/Credit Union

Travel Agency

CMO


HRMS Contractor




Internships (paid) Completion of internship

Duration of internship plus 7.5 years.

Any relevant data for pension purposes (see HR08) kept for 100 years or 7.5 years after the death of the last surviving

Review for National Archives




Article 9(2)(b) of

Local HR Unit


NSSO









beneficiary of the scheme policy, whichever is longer

GDPR and section 46, 47 and 50 of the Data Protection Act, 2018 for special category data

Revenue

WRC / Labour Court

Bank/Credit Union


HRMS Contractor




National Archives

Placements (unpaid)/Transition Year Students

Completion of placement

Calendar year Destroy# Data Protection Act 2018




Local HR Unit


NSSO

Revenue

WRC / Labour Court

Bank/Credit Union










HRMS Contractor




Disciplinary cases: oral warnings, written warnings, action taken up to and including dismissal

Including bullying, harassment and grievance investigations.

Duration of employment plus 7.5 years.

Destroy# Data Protection Act 2018




Local HR Unit

Line manager

Appeals officer

WRC/ Labour Court




Legal case files Conclusion of case

30 years Transfer to National

National Archives Act

Article 6(1)(c) compliance with a

Local HR Unit









Archives 1986 legal obligation



Line manager

Appeals officer

WRC/ Labour Court



Disciplinary Appeals Board members and Secretariat

National Archives

Staff rosters Current year – review.

1 year

Retain beyond 1 year if required as part of an ongoing investigation

Destroy# Business use Article 6(1)(c) compliance with a legal obligation


Local HR Unit


NSSO

WRC / Labour Court


HRMS Contractor

Payroll Shared









Service Provider



CCTV images Current date 1 month

Retain if required as part of an ongoing investigation and CCTV has been cited as a means for use in investigations.

Destroy# or overwrite

Data Protection Act 2018



Local HR Unit

Line manager

Appeals officer

WRC/ Labour Court




Security inspections and assessments

Investigation of a security incident

Completion of assessment and/or investigation

2 years

If action taken, duration of employment plus 7.5 years


National Archives Act 1986



Local HR Unit

Line manager

Appeals officer

WRC/ Labour Court












Records regarding access controls to secure areas (e.g. access registers, key registers, access logs)

Until superseded

1 year

If part of an investigation, retain for 7.5 years after the date of the incident or case.



Local HR Unit

Line manager

Appeals officer

WRC/ Labour Court




HR-08 Human Resources: Employee Payroll & Pensions Records

Payroll Records, including but not limited to:

Copy pay slips

End of current financial year End of current year

6 years Destroy# Business use



Local HR Unit

Other Government Departments/Offices and Agencies as









Payable orders

Cheques

Bank drafts

Postal orders

Lodgment forms

Invoices

Travel and subsistence claims

Payroll setup for ad-hoc fees

Ad-hoc fees applications

required

NSSO

Revenue

WRC / Labour Court

Bank/Credit Union


HRMS Contractor




Income tax forms Including but not limited to: P35

P45

P60

End of current financial year

Lifetime

End of current financial year

6 years

100 years

4 years

Destroy# Business use Credit Union Act, 2012: Rule 146 (6)

Revenue

Local HR Unit

NSSO

Other Government Departments /Offices and Agencies as required

Organisation of Completion of 30 years Transfer to National Article 6(1)(c) Local HR Unit









Working Time Act Reports

report National Archives

Archives Act, 1986

compliance with a legal obligation

Article 6(1)(f) legitimate interest

Other Government Departments/ Offices and Agencies as required

NSSO

Revenue

WRC / Labour Court

Bank/Credit Union


HRMS Contractor




Cycle to work scheme applications

Travel pass applications e.g. annual tax saver

End of current period

At end of Cycle to work scheme period (5 years)

For travel passes: 4 years

Destroy# Business use



Local HR Unit










NSSO

Revenue

WRC / Labour Court

Bank/Credit Union


HRMS Contractor



Cycle to Work company

Transport providers

Authorisations and mandates for salary deductions in relation to voluntary deductions

Examples include:

Credit Union mandate

Trade Union subscription

National Installment Savings

Healthcare provider

For the duration of the mandated period

Destroy Business use

Article 6(1)(a) consent

Local HR Unit


NSSO

Revenue

WRC / Labour Court









Bank/Credit Union/ An Post


HRMS Contractor




Healthcare providers

Trade Union

Register of Pensionable Officers

Information relating to pensionable officers

Current year 30 years Transfer to National Archives




Local HR Unit


Information required for pension administration purposes

Note: The pensions personal data required

Information includes:

Name and address

Date of Birth

Gender

Retirement Relevant data for pension purposes to be kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy,


Business use



Local HR Unit










by each employing department/office will be dependent on the extent of pensions administration carried out by NSSO for retirees of that organisation.

PPSN

Record of Marital/ Civil status, including copy of marriage certificate or civil partnership certificate /divorce decree etc.

Copy birth /gender recognition certificates

Record of next of kin and dependents details including contact details, copy of birth certificates, adoption order etc.

Bank account details, including bank mandate form

Details of pension scheme membership

Pension case ID

Pension vesting period

Date of appointment, including employing department/agency

whichever is longer.

This also applies to records of refunds relating to non-preserved benefits in order to ensure that there is no future claim for pension.

In relation to copies of certificates required for verification – these should be retained for the duration required under each piece of legislation plus 7.5 years. A summary of information required for pension purposes should be kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer.


NSSO

Revenue

WRC / Labour Court

Bank/Credit Union


HRMS Contractor


Insurance companies/ brokers/agents (e.g. for AVC applications)









Employee class, PRSI class/sub-class and social insurance records

Award of incremental credit for previous service

Administrator pay

Administrator increments

Administrator allowances, including sanction

Payroll instructions

Summary of payroll history, including details of pay, performance pay, overtime pay, allowances, pay enhancements, other taxable allowances, payment for undertaken leave, reduced pay, time off pay, maternity pay

Instruction to award









non-increment PMDS

Application for additional payment

Overpayment records, including queries from PeoplePoint

Record of recoupment of overpayment

Long service awards

Record of annual leave/public holidays, including carry over of annual leave

Record of carers’ leave/parental leave/force majeure/maternity leave/paternity leave/adoptive leave

Record of all periods of unpaid leave

Record of career breaks

Record of shorter









working year

Record of workshare/reduced hours pattern change

Record of unpaid special leave

Record of paid special leave

Record of sporadic/block absences

Summary of promotion/acting up position

Record of previous service dates

Record of purchased service/notional service

Record of professional added years award/prospective award1

1 Records required for Professional added years are: - copy of the competition advertisement and handbook









Record of entitlements to any gratuities

Refunds paid to scheme member, including marriage gratuity

Record of waivers, related to abatement appeals

Record of membership of original/revised spouses and children’s scheme

Copy of personal fund threshold certificate

Record of transferred service in/out

Preserved pension details

Pension related

- Where experience is listed as an essential requirement to the post, but no minimum number of years is set in the competition handbook/ad, - details of the lowest number of years relevant experience held by all candidates offered appointment (not just appointed)









refund details

Record of pension entitlements other than public/civil service, including Additional Voluntary Contributions (AVCs), supplementary pension

Any other pension entitlement records

Pension recipient letters

Record of social welfare entitlements, including social welfare benefit statement

Record of death gratuity

Record of transfer or secondment within Civil/Public Service

Record of sick leave

Record of pay affected by unauthorised









absence

Record of application to retire, resign, termination of employment

Record of ill-health retirement, including any accident report, report by the Chief Medical Officer, legal advice, relevant correspondence, outcome of court cases

Final certificate of incapacity to work

Severance declaration

Exit forms

Last date of service

Last annual benefit statement

Lump sum details

Summary of pensionable service, including pension









service statement

Record of contribution deducted.

Notice to trustees

Family law benefit statement

Single scheme benefit statement

Severance and redundancy final figures

Forms such as Inspector of taxes, actuarial value form

Revised details of authorisations to Paymaster General

Letter of undertaking

Pension Adjustment Order Information

Pension Adjustment Order Approval letter

Letter to member/ non-member re









Pension Adjustment Order

Court certified Pension Adjustment Order

Instruction to Paymaster General re Pension Adjustment Order

Solicitors’ letters

Court letters or instructions

Details of other sources of income

Details of medical conditions for 38(B) declaration

Copy of Death Certificate

Data related to non-members who receives payment

Date of death

Details relating to the gifting of a pension









Pension calculations General pensions calculation

Pension scheme detail calculation

Abatement calculation

Purchase of service calculation

Transfer value calculation

Marriage Gratuity calculation

Severance Benefits calculation

Death in Service calculation

Spouses and Children calculation

Pension rate calculation (prison staff)

Severance and redundancy calculation

Submission for

Annual benefit statements- until superseded

Retirement

Annual benefit statements should be retained until superseded.

Final annual benefit statement and full details of pension entitlement on date of leaving to be kept for duration of employment until retirement.

Details of retirement and pension entitlement to be kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer

Destroy# Business use




Local HR Unit


NSSO

Revenue

WRC / Labour Court

Bank/Credit Union


HRMS Contractor












waiver of abatement

Professional added years application

Injury warrant application

Pension appeals applications

Personal Fund Threshold Certificate and supporting documentation

Information pertinent to any pension related claims (for example legal advices, relevant correspondence, outcome of court cases etc.)

Social Welfare entitlements

Information required for pensions administration (supporting documentation), for

These are duplicate copies. Master application is held by DEASP, who also hold a

Payment of benefit

Relevant data required for pension purposes should be kept for 100 years or 7.5 years after

Destroy# (form only – record of leave taken

Business use


Local HR Unit

Other Government Departments/Offices









example: Maternity benefit

forms Maternity benefit

awarded letter Adoptive benefit

forms Paternity benefit

forms Paternity benefit

awarded letter Carers’ benefit

forms Carers’ benefit

awarded letter Children’s

allowance forms

record of payment. the death of the last surviving beneficiary of the scheme policy, whichever is longer

must be kept) Article 6(1)(f) legitimate interests


and Agencies as required

NSSO

Revenue

WRC / Labour Court

Bank/Credit Union


HRMS Contractor



Family Law records Actuarial Value - Name, DOB, Accrue Pension Value, Pension Transfer Value

Letter of undertaking – Name, Address, Beneficiary Name and PPSC

Pension Adjustment Order (PAO) and PAO approval letter –

Relevant data for pension purposes to be kept for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer












Name, PPSN, Spouse’s Name, Portion of pension to be paid to beneficiary

Letter of authorisation – Name, Address, PPSN

Letter to non-member – Name, Address, Pension Information

Letter to member – Name, Address, Pension Information

Court certified PAO – As PAO above

PAO benefactor details

HR-09 Human Resources: Medical records

Accidents/Incidents Register

Accident/Incident reports (for action)

Accident/Incident legal cases

Until superseded

Date of accident/ incident

Closure of incident

30 years Review for National Archives

Business use Article 6(1)(c) compliance with a legal obligation


Article 9(2)(b) of GDPR and section 46, 47 and 50 of the

Local HR Unit


CMO









Data Protection Act, 2018 for special category data


Exposure to asbestos: records relating to individuals

Closure of incident

70 years Review for National Archives





Local HR Unit


CMO


Referral to Chief Medical Officer (CMO)

Date of referral End of sick leave cycle period.

Note: Summary of records retained on file for pension entitlements for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer.

Destroy# Data Protection Act, 2018




Local HR Unit


CMO


Referrals to Civil Service Employee Assistance

HR/Management referral where there is a risk to life /

Date of referral 10 years Destroy# Data Protection Article 6(1)(c) compliance with a

CMO









Service (CSEAS) referral on the advice of the CMO

Act, 2018

Safety, Health and Welfare at Work Act 2005

legal obligation



Local HR Unit

Relevant service user

Self-certified sick leave:

Fitness to resume

Uncertified leave records

5/6 days self-certified sick leave

7 days self-certified sick leave

Date of return to work

End of sick leave cycle period.

Summary of self-certified/uncertified sick leave and any periods of unpaid sick leave should be retained on file for pension entitlements for 100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer.

Destroy# record but keep summary record on file

Data Protection Act, 2018




Local HR Unit


CMO


Certified sick leave:

Medical certificates

Social Welfare medical form

14 days in year

Approaching 183 days sick leave

Approaching 365 days sick leave

Date of return to work

End of sick leave cycle period

Summary of certified sick leave and any periods of unpaid sick leave should be retained on file for pension entitlements for

Destroy#, but retain summary record on file

Data Protection Act, 2018

Retain: For example: any dispute resolution, overpayments,


Article 9(2)(b) of GDPR and section 46, 47 and 50 of the Data Protection Act,

Local HR Unit










record

Requests for medical certificates

Chief Medical Officer decision to employee

Certified leave records

Fitness to resume

Return to work

Exceeding 183 days sick leave

Exceeding 365 days sick leave

Four year sick leave record or report

100 years or 7.5 years after the death of the last surviving beneficiary of the scheme policy, whichever is longer.

and determining pension benefit entitlements

2018 for special category data


CMO


HR-10 Human Resources: Disability and Occupational Health

Records maintained by designated Disability Officers

Until superseded

7 years Destroy# Business use Article 6(1)(c) compliance with a legal obligation



Local HR Unit

CMO









Disability Survey Until superseded






National Disability Authority

Occupational Health Assessments

Including pregnancy risk assessments, applications under breastfeeding policy, ergonomics checks.

7 years Destroy# Business use Article 6(1)(c) compliance with a legal obligation



Local HR Unit


CMO

Internal/ External Legal Advisors

WRC/Labour Court

HR-11 Human Resources: Learning and Development

Training needs analysis and

Including skills audit Until 5 years Destroy# Business use Article 6(1)(c) compliance with a

DPER OneLearning









planning. Training reporting and statistics

superseded legal obligation


LMS

Other Training Provider

Local HR

NSSO

Training log

Training details and history

Training requests and feedback

Including induction checklist

Summary of attendance at training courses/events

Including applications for courses, correspondence, waiting lists, attendance lists, mentoring programme (mentor & mentee), applications for development initiatives

Until superseded

Current year

1 year

Summary of relevant qualifications and training undertaken should be kept for duration of employment plus 7.5 years



DPER OneLearning LMS

Other Training Provider

Local HR

NSSO

Student projects Thesis, reports Completion of course

Where relevant, transfer to Departmental library

Review for transfer to Library or National Archives

Business use Article 6(1)(f) legitimate interests


Learning Institution

Local HR

NSSO

Refund of fees and study leave applications

Application forms and correspondence.

Completion of course

7 years

Summary of leave/ attendance/ qualifications











should be held for duration of employment plus 7.5 years


Local HR

NSSO



Civil Service Human Resources Personal Data Records Retention Schedule

Appendix 1– Article 6(1)(c): examples of legal obligations in the civil servant HR relationship Section 17 of the Civil Service Regulation Acts 1956-2005, and Section 4 of the Public Service Management Act, form the basis of the duties, responsibilities and terms and conditions of civil servants. Other legislation to which a record may relate include, but are not limited to:

Legislation2 Examples of records to which it applies Adoptive Leave Acts 1995 and 2005 and associated regulations

Records relating to compliance with facilitating leave for adoption.

Any and all relevant Regulations and Circulars affecting the appointment, performance, discipline or dismissal of civil servants

Records relating to the terms and conditions of civil servants, and regulation and control of the Civil Service.

Any other Act affecting the appointment, performance, discipline or dismissal of civil servants

Records relating to the terms and conditions of civil servants, and regulation and control of the Civil Service.

Carer’s Leave Act 2001 Records concerning carer’s leave taken by a civil servant. Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010Civil Registration Act 2004

Records relating to the registration of civil partnerships and any connected matters e.g. pensions

Civil Service Regulation Acts 1956-2005 (CSRAs)

Section 17 of the CSRAs sets out that the Minister for Finance and PER is responsible for the regulation and control of the Civil Service, the classification, reclassification, numbers and remuneration of civil servants, the fixing of terms and conditions of service and promotion of civil servants.

Comptroller and Auditor General (Amendment) Act, 1993

All records subject to audit – this act gives the Office of the Comptroller and Auditor General the power to obtain any information that is required for the performance by the Comptroller and Auditor General of his functions.

Credit Union Act 1997 to 2012 Records concerning credit unions and connected purposes insofar as they relate to any civil servants personal data.

Data Protection Act 2018 Changes the previous data protection framework, established under the Data Protection Acts 1988 and 2003. Its provisions include giving further effect to the GDPR in areas where member states have flexibility.

2 Where associated regulations are made under any Act, these are to be included. 39

* Guidance only. Records listed and type of recipient not exhaustive. Departments and Offices should amend this schedule to suit the particular needs of each organisation^ For a (non-exhaustive) list of possible legal obligations under Article 6(1)(c) see Appendix 1 # This is issued as guidance only – Departments and Offices must not destroy any documentation until permission from the Director of National Archives is obtained. Departments and Offices must be aware of their obligations under the National Archives Act 1986.


Civil Service Human Resources Personal Data Records Retention Schedule Legislation Examples of records to which it applies Data Sharing and Governance Act 2019 Processing and sharing of information (including personal data) for the purposes of administering a public service pension scheme

and for public policy purposes under Part 5.

Defence Acts 1954 to 1993 (in respect of civilians recruited or appointed under the Defence Acts 1954 to 1993)

Matters relating to the employ of civilians into the Defence Forces.

Disability Act 2005 and associated regulations

Records relating to individual staff entitlements and request for access to reasonable accommodation.

Employment Equality Acts 1998-2015 Records relating to equality actions or entitlements of individual civil servants.

Employment Permits Acts 2003 and 2006 Records concerning employment permits for Non-EEA nationals.

Equal Status Acts 2000-2015 Records relating to compliance with equalities of opportunity under Employment Equality legislation.

Equality Act 2004 and Equality (Miscellaneous Provisions) Act 2015

Records relating to equal treatment in the workplace and any discrimination of an individual civil servant.

Ethics in Public Office Acts 1995-2001 Records of civil servants annual declaration/returns under the Act.

Family Law Act 1995, Family Law (Divorce) Act 1996 and associated regulations

Family law records, divorce records e.g. for Pension Adjustment Orders.

Freedom of Information Act 2014 Identified personal data records the subject of an FOI request.

General Data Protection 2018 A regulation in European Union (EU) law on data protection and privacy for all individuals within the EU and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas.

Industrial Relations Acts 1946 - 2015 Records produced for inspectors under the Acts.

Maternity Protection Acts 1994 and 2004 and associated regulations

Records relating to benefits / entitlements of civil servants



Civil Service Human Resources Personal Data Records Retention Schedule Legislation Examples of records to which it applies Minimum Notice and Terms of Employment Act 1973 - 2005

Records relating to individuals on probationary or temporary contract.

Ministerial and Parliamentary Offices Act 1938 as amended

Records relating to remuneration of Members of the Government, Parliamentary Secretaries, the Attorney-General, and the Chairman and Deputy Chairman of Dáil Eireann and Seanad Eireann.

Ministers and Secretaries (Amendment) Act 2011

Data which is required for the performance of functions under sections 8(3), 9(1)(a), 10 or 17 of the Act.

National Archives Act 1986 A departmental record in section 2(2) of the Act is any record made or received and held in the course of its business by a department of state.

National Minimum Wage Act 2000 Such records as are necessary to show compliance with the Act’s provisions (payslips, etc.).

National Shared Services Office Act 2017 Functions of a public service body that may be delegated to the National Shared Services Office. Official Secrets Act 1963 Declarations from civil servants relating to the safeguarding of official information Organisation of Working Time Act 1997 Records detailing the starting time, finishing time, hours worked each day, hours worked each week and leave taken by each civil

servant together with the name and address of each civil servant, the civil servants’ PPS number and a brief statement of the civil servant's duties.

Parental Leave Acts 1998 – 2019 and European Union (Parental Leave) Regulations 2013

Records showing the period of employment and setting out the dates and times upon which the civil servant availed of parental leave and/or force majeure leave.

Paternity Leave and Benefit Act 2016 and associated regulations

Records relating to benefits / entitlements of civil servants

Payment of Wages Act 1991 Records relating to the payment of gross pay and declaration of associated deductions to civil servants. Records relating to compliance with payment of wages and deductions and to defend any claim made against the employer under section 5.

Pensions Act 1990 as amended Records relating to pensions and retirement

Protection of Employees (Part-Time Work) Act 2001 and Protection of Employees (Fixed-Term Work) Act 2003

To determine that part-time and fixed-term employees have been given the same rights as full time and permanent employees. Records of fixed term staff engagement.

Protection of Employees (Temporary Agency Work) Act 2012

To determine that temporary agency workers are treated equally in relation to basic working and employment conditions.



Civil Service Human Resources Personal Data Records Retention Schedule Legislation Examples of records to which it applies Protected Disclosures Act 2014 Any records relating to a protected disclosure

Public Service Management (Recruitment and Appointments) Acts 2004 and 2013

Ministerial functions relating to matters for recruitment, eligibility criteria and promotion, etc.

Public Service Management Act 1997 (PSMA)

The PSMA provides for the management structure to enhance the management, effectiveness and transparency of operations of Departments of State and certain other offices of the Public Service, and increase accountability of civil servants.

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 and associated regulations

Records concerning pension / superannuation deductions made including records, calculations and documents relating to the value of benefits for civil servants.

Safety, Health and Welfare at Work Act 2005 (as amended) and associated regulations

Records relating to compliance with duties under the Act and to records of accidents and dangerous occurrences in the workplace. Records of accidents and dangerous occurrences in the workplace.

Social Welfare Consolidation Act 2005 Records relating to compliance with social welfare deductions, entitlements and returns for civil servants.

Superannuation Acts 1834 to 1963Superannuation and Pensions Act 1976Public Services Superannuation (Miscellaneous Provisions) Act 2004 and associated regulations

Records concerning pension / superannuation deductions made including records, calculations and documents relating to the value of benefits for civil servants. Section 6 of the Superannuation Act 1909 and Sections 6 and 7 of the Superannuation and Pensions Act 1963 specifically with regard to severance payments.

Taxes Consolidation Act 1997 Records of tax payments made to Revenue, including records, calculations and documents relating to the value of benefits for civil servants.

Terms of Employment (Information) Acts 1994 - 2014

Written statement of the terms and conditions of employment.

Unfair Dismissals Acts 1997-2015 Records relating to individuals on probationary or temporary contract.



Appendix · Web viewRecords of tax payments made to Revenue, including records, calculations and...

Documents

Transcript of Appendix · Web viewRecords of tax payments made to Revenue, including records, calculations and...