Regina Doherty (Meath East, Fine Gael) | Oireachtas source

In October 2017 the Data Protection Commission commenced an investigation into the standard authentication framework environment, SAFE, and public services card process. It delivered its final report to the Department on 15 August 2019. On 17 September the Department published the report, together with a summary of its own response to the findings made in the report.

As I stated earlier this month, the Minister for Public Expenditure and Reform, Deputy Donohoe, and I informed the Government that we were satisfied that the processing of personal data related to the public services card did, in fact, have a strong legal basis, that the retention of data was lawful and that the information provided for users did satisfy the requirements of transparency. This opinion was arrived at following careful consideration of both the report and the strong legal advice of the Office of the Attorney General.

The Data Protection Commission had requested the Department to implement several actions on foot of the publication of its statement on Friday, 16 August within a short timeframe. However, based on the strong legal advice received, we believe it would be inappropriate, as well as potentially unlawful, to withdraw or modify the use of the public services card or the data processes which underpin it, as requested by the Data Protection Commission.

In short, we will continue to act in the lawful manner we believe we have been acting since 1998.

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