Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

I move amendment No. 19:

In page 22, after line 13, to insert the following:“Sharing of data

35. (1) Notwithstanding anything contained in the Data Protection Acts 1988 and 2003 or any other enactment, the data controller of Oifig an Ard-Chláraitheora (the first-named person) shall provide to the data controller of the Office such of the following certificates capable of being produced by the first-named person as may be requested by the data controller of the Office, if the first-named person is satisfied that the certificate will be used for a relevant purpose only—

(a) a birth certificate relating to a child of a member of staff of a public service body,

(b) a marriage certificate relating to a member of staff of a public service body,

(c) a death certificate relating to a member of staff of a public service body.

(2) Any provision of documents for the purposes of subsection (1) shall go no further than is reasonably necessary for the attainment of the relevant purpose.

(3) The data controller of Oifig an Ard-Chláraitheora may refuse a request under subsection (1) if he or she is satisfied that it would be unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.

(4) In this section—

“data controller” has the same meaning as it has in the Data Protection Acts 1988 and 2003;

“data subject” has the same meaning as it has in the Data Protection Acts 1988 and 2003;

“member of staff” in subsection (1) and in paragraph (a) of the definition of “relevant purpose” includes former member of staff;

“relevant purpose” means, in relation to a public service body in respect of which an order under section 9(1) is in force, any of the following purposes—

(a) verification of entitlement of a member of staff of the public service body to a superannuation payment,

(b) verification of entitlement of a member of staff of the public service body to parental leave (within the meaning of the Parental Leave Acts 1998 and 2006),

(c) verification of entitlement of a member of staff of the public service body to paternity leave (within the meaning of the Paternity Leave and Benefit Act 2016),

(d) verification of entitlement of a person as the surviving spouse or child, or beneficiary of the estate, of a deceased member of staff of the public service

body.”.

In summary, this provision, which refers to the birth, death and marriage certificates held in the general register, will allow the office to request and receive limited information contained on the general register. This arrangement will greatly assist in the processing of certain cases, such as parental leave. In order to process statutory and contractual entitlements such as parental leave, pension payments, survivor's pension and so forth, the NSSO is required to view and verify certain documents such as birth, death or marriage certificates relating to its customers, which would be normal practice. Currently, the processes within the NSSO mean the original, long versions of forms must be sent to the office for verification before these important entitlements can be granted. Many process delays occur when the customer fails or is unable to submit such forms on time, meaning that vital payments are sometimes delayed. The protection of sensitive data such as that contained on these forms is obviously of utmost concern and consideration to the NSSO. The customer will always be kept aware of any process before anything is done with the documentation. This is a workable element of the legislation and it is required in order for people to access their entitlements. The amendment is technical in nature.