Alex White (Dublin South, Labour) | Oireachtas source

The furnishing of personal data to and by the HSE is adequately provided for by section 8 of the Health (Alteration of Criteria for Eligibility) Act 2013, which was passed by the Houses last year. The 2013 Act provides for the exchange of personal data between HSE, the Revenue Commissioners and the Department of Social Protection for specific purposes with a view to ensuring public services are delivered as efficiently as possible to those who have an entitlement to such services. Since implementation of the legislation, the HSE has exchanged relevant personal data with the Revenue Commissioners and the Department of Social Protection for the purposes of assessing or reviewing eligibility for services provided under the Health Acts.

The preparation of the 2013 legislation involved extensive consultation with the HSE, the Revenue Commissioners, the Department of Social Protection and, in particular, the Office of the Data Protection Commissioner. Under the legislation, the HSE is obliged to be mindful of its responsibilities to protect the rights and privacy of individuals in accordance with the Data Protection Acts 1988 and 2003. A primary objective of public service reform is to integrate services with a view to providing better services to citizens and greater efficiency for the State. Co-operation between public bodies at national and local level is one of the key pillars to the achievement of this objective. In this context, the Department will continue to support the HSE in its exploration of opportunities to exchange data with public bodies, with a view to ensuring public services are delivered as efficiently as possible and, with regard to what the Deputy seeks, to those who have an entitlement to such services. That includes the question of ordinary residence because a person who is not ordinarily resident in the State is not entitled to the service we are dealing with.

Consideration of proposals to include other relevant bodies within the legislation can be entertained in the future if it becomes necessary and if a case is made. The HSE can identify other agencies with which datasharing is appropriate but it has not done so as yet. If such circumstances arise and the HSE identifies another agency or body in respect of which it seeks data exchange, we can address that with legislation.

In those circumstances, I do not propose to accept the amendment. Adequate provision has been made in legislation introduced only last year in respect of the sharing of information and data. It is appropriate that there should be sharing and exchange of data although that has not been the case in the past. It is easier to do now in terms of developing technologies and it is appropriate to do so. In respect of children under six years of age, where there is a non-active medical card, and where the service has been extended to children under this legislation, the same processes apply. Where there is a non-active card for a period of time, it triggers a probity exercise by the PCRS in respect of searching out the circumstances of the non-active card. Deputies are aware that there is a probity exercise ongoing in respect of medical cards and querying the continuing eligibility of persons with medical cards. It is being assisted by the measures introduced last year with regard to data sharing. We are alive to the issue raised by the Deputy but it is not necessary or appropriate to amend the legislation in the manner proposed. We will keep the matter under review and the HSE should do likewise with regard to any necessity that may arise in the future to add any new agencies or bodies to those currently comprehended by the datasharing arrangements.

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