Dáil debates

Wednesday, 25 September 2019

Public Services Card: Statements

 

5:25 pm

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

Almost nine out of ten people agree that it is very useful that other Government service providers may be able to use the identity information provided in obtaining the PSC to avoid the need to provide the same information again. Of those surveyed, 88% felt that they either had access to the right level of information in respect of the SAFE-PSC process or had access to more than the information they needed. Almost eight out of ten people, which is 77%, understand the requirement to retain personal information and do not mind that their documents are retained.

The public service identity, PSI, dataset can only be shared with public service bodies set out in legislation, called "specified bodies", and where that body has a transaction with a person and can be shared only to the extent necessary for that transaction to authenticate the identity of the person concerned. Specified bodies are, in all cases, required to process and store data in accordance with the GDPR and the Data Protection Act 2018. The personal data associated with the PSC are the basic identity data as set out in legislation.

I reiterate that I fully respect not only the commissioner but also the Data Protection Commission.

At all stages in its interactions with the commission's office my Department has sought to co-operate fully with the investigation.

I note that the opinion has been expressed that the State should not be contesting the findings of the Data Protection Commissioner, that it should just accept them and implement the measures required. In that regard, it is important to note that the Oireachtas specifically provided - not all of us were here when this happened but some of us were - that bodies subject to first instance decisions of the Data Protection Commissioner would have, in accordance with standard principles of due process and natural justice, the right to appeal such decisions. It would be extraordinary, therefore, if the State where to deny itself the right to exercise this right, particularly in a situation where there is strong legal advice to underpin the card as initiated in 1998.

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