Mr. Dale Sunderland:

I thank the Senator for the questions. I note the reference to the previous commissioner's appearance before a previous committee. In essence, the comments made around legislating for the use of the personal public service number, PPSN, still stand and, indeed, that is what this proposed Bill seeks to achieve. The comments made at that time still stand and are valid and relevant. That is what the proposed Bill seeks to achieve. There is no issue there. The Bill will set down a legislative basis that is quite clear.

I will briefly reply to the comment around consent. It is probably not a very good lawful basis for collection of personal data in a context such as this because consent is a free choice and the general data protection regulation, GDPR, sets down clear rules around the use of consent. For the purposes of this process and reforming the electoral register, consent is not an appropriate lawful basis. The Oireachtas, therefore, may be asked to legislate, which is appropriate. The issue we have raised is not whether there is a problem with using the PPSN per se, we are just saying the process should be set out clearly. It then falls back on the Department to ask what is the problem with the current registers that it is trying to solve, what is it trying to achieve and how best can it achieve that. It must work through that process and ask if the PPSN is the best way to sort out the problems with the current registers. The Department says it is, and may well be right, but our view is that it should set out clearly and publicly, in the interests of transparency, the proportionate and necessary justification for the use of the PPSN. It is a sensitive piece of information that is increasingly being used in all facets of Irish life in terms of engagement between the public and the State. It is important for that to be set out clearly.