S.I. No. 683/2019 - Control of Dogs (Dog Licensing Database) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd January, 2020.

I, Seán Canney, Minister of State at the Department of Rural and Community Development, in exercise of the powers conferred on me by the Rural and Community Development (Delegation of Ministerial Functions) Order 2018 (S.I. No 511 of 2018) and by section 19 of the Control of Dogs Act, 1986 , (No 32 of 1986), as amended by section 8 of the Control of Dogs (Amendment) Act, 1992 (No. 13 of 1992) and by Section 26 of the Dog Breeding Establishments Act 2010 (No. 29 of 2010), hereby order as follows:

Citation

1. These Regulations may be cited as the Control of Dogs (Dog Licensing Database) Regulations 2019.

Commencement

2. These Regulations shall come into operation on the 1st day of March 2020.

Interpretation

3. In these Regulations—

(1) “the Act” means the Control of Dogs Act 1986 to 2014;

(2) “dog licensing database” means the database referred to in Regulation 4.

(3) “microchip” means a device as defined in Regulation 2 S.I. No. 63/2015, Microchipping of Dogs Regulations 2015;

Dog Licensing Database

4. Where a local authority considers it appropriate, it may singly, or jointly with other local authorities, develop and maintain or procure the development and maintenance of a database for the purposes of recording information in respect of all dogs licensed in the State.

5. The database may make provision for the recording of the following information, or classes of information—

(1) the name, address and contact details of the licence-holder,

(2) the dog details, where appropriate, including but not limited to—

(a) the dog licence number or identifier,

(b) the colour, markings and sex of the dog,

(c) any relevant microchip information, including but not limited to the unique identifier of the microchip inserted in the dog, and

(d) the address of the premises where the dog is normally kept,

(3) the breed details, including but not limited to, the breed of dog and whether the dog is a restricted or unrestricted breed, and

(4) general administrative details, including but not limited to—

(a) the local authority area in which the licence-holder resides,

(b) the issuer of the licence, the time and date of issue, and the date of expiry,

(c) where appropriate, the issuing office and the name of the person who issued the licence,

(d) the licence number,

(e) details of fees paid,

(f) the licence class or type,

(g) other general details that may be required for the effective administration of the database.

General operation of the database

6. All data security and control, including data entry or amendment, shall be the responsibility of the local authority.

7. All entries on the database should be made by unique access code.

8. The local authority shall ensure that documented procedures are in place to ensure the accurate information is entered, maintained, and stored on the database.

9. The local authority shall ensure that documented training procedures are in place for any persons who can access the database to create or edit records.

Purposes for which data may be processed

10. Information held on the database may be processed only where it is necessary for the purposes of—

(1) ensuring compliance with the legal obligation to hold a dog licence and for the purpose of law enforcement

(2) compiling and publishing anonymised statistical data, which may be required from time to time for the purposes of reporting on local authority dog control functions generally

(3) facilitating disclosure when this is required in the interests of the welfare of an animal

/images/ls

Given under the Official Seal of the Minister of State at the Department of Rural and Community Development

18 December 2019.

SEÁN CANNEY

Minister of State at the Department of Rural and Community Development

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations have the purpose of outlining requirements regarding the treatment of information held on any database put in place by a local authority, either singly or jointly with other local authorities, for the purposes of recording information in respect of all dogs licensed in the State.