Joan Collins (Dublin South Central, Independent) | Oireachtas source

I thank the Minister for attending. We have been looking forward to this for a while. The Data Protection Commission's report vindicates much of my thoughts about the PSC from the very beginning. Many people feel that this is a national identity card introduced by the back door and that the Department of Employment Affairs and Social Protection, having established it for its own services, has expanded it across the board into other services.

From the eight findings in the report of the Data Protection Commission, three relate to the legal basis and the remaining five relate to transparency. The report indicates that the processing of certain personal data by the Department in connection with the issuing of PSCs for the purpose of validating the identity of a person claiming, receiving or presenting for payment of a benefit has a legal basis under applicable data protection law. It goes on to state that the processing of personal data by the Department in connection with the issuing of PSCs for the purposes of transaction between individuals and other specified public bodies other than the Department itself does not have a legal basis under applicable data protection laws, and that, specifically, such processing contravenes section 2A of the Data Protection Acts 1988 and 2003. Has the Minister responded to the Data Protection Commission on that matter?

The report also indicates that the Department's blanket and indefinite retention of underlying documents and information provided by persons applying for a PSC contravenes section 2(1)(c)(iv) of the Data Protection Act 1988 and 2003 because such data is retained for periods longer than is necessary than the purpose for which it was collected.

Has the Department responded to the Data Protection Commission on that issue to clarify the Department's legal point of view?

In terms of transparency, the scheme does not comply with section 2D of the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003, in that the information provided by the Department to the public about the processing of their personal data in connection with the issuing of PSCs is not adequate. Has the Department responded to the Data Protection Commission?

The Data Protection Commission went to state that, critically, the Department will be required to complete the implementation of two specific measures within a period of 21 days. Have those two specific measures been implemented, yes or no? The first of the two measures was set out as follows:

It will be required to stop all processing of personal data carried out in connection with the issuing of PSCs, where a PSC is being issued solely for the purpose of a transaction between a member of the public and a specified public body ... . The corollary of this finding is that bodies other than DEASP cannot insist that a person who does not already hold a PSC must obtain one as a pre-condition of accessing public services provided by that body.

Has the Department responded to and implemented that measure? The second required measure was:

The Department will be required to contact those public bodies who require the production of a PSC as a pre-condition of entering into transactions with individual members of the public, to notify them that, going forward, the Department will not be in a position to issue PSCs to any member of the public who wishes to enter a transaction with ... any such public body.

How is the Department implementing those two points?

There is another question I want to ask the Minister before I finish up. The Minister stated in her introduction that each year, approximately 70,000 people over the age of 18 apply for a passport for the first time using a PSC to avoid having to resubmit identity data. The Minister is saying one can go the old route of getting one's two photographs, etc. Has that been the case in all circumstances? Maybe the Minister can also clarify the following point for me. I have read that one needs to have a public services card to apply for the national childcare scheme. Is it correct to state there is an alternative paper application process but that does not start until January and there is no back payment? If I am correct, it means that the Department's system discriminates against those who do not have the public services card. Those are the main points I wanted to ask on the issue.