Oireachtas Joint and Select Committees

Thursday, 18 May 2017

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

General Scheme of Data-Sharing and Governance Bill: Discussion

10:00 am

Mr. Seamus Carroll:

As I mentioned in my opening remarks, the GDPR is clear that a legal basis is required. The question, therefore, is what constitutes an adequate legal basis. In section 66 of the Civil Registration Act 2004, for example, entitled, Power of the Ard-Chláraitheoir to give information to others, it is made clear that the Ard-Chláraitheoir, after consultation with the Minister for Social and Family Affairs, can give such information as may be prescribed on births, marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of a civil partnership to the Minister for Defence for the purposes of the administration of schemes under the Defence Forces Pensions Acts or the Army Pensions Acts; to the Minister for the Environment, Heritage and Local Government for the purposes of registration under the Electoral Acts; and to the Minister for Foreign Affairs for the purposes of determining entitlement to a passport, etc. Here, therefore, is an example of a specific legal basis which allows for data sharing. There is something similar in the Social Welfare Consolidation Act 2005 which contains provisions on the sharing of information with other bodies. The data exchange provision, for example, allows the sharing of information with the Minister for Education and Skills.

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