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Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: That is why the DPC could not publish on this occasion. If it was commencing the report into the public services card now, it would have legal authority to publish its report.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: We had correspondence twice stating that the Department had to issue the report, rather than the commission. That explains it. I could not understand how it could issue it for the local authorities. It is from now on. Are there any old reports that are still being completed under the old system which the commission cannot publish? It can send us a note on that.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: In other words, we will be in the same boat and it will be up to the Department to publish it or not.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Let us hope it does that. I have a question for the Department. I got the impression from what Mr. Fallon said earlier that if there is a difference, the courts can adjudicate, although he did it not put in those words. No appeal went in for the period under review in the Department and the view is, "Look, it can go to court."

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: I do not want to repeat what Deputy Kelly said earlier and I am not trying to put words in Mr. Fallon's mouth. The Department is the parent Department from a funding point of view in respect of this report, given the year under review. Is it supportive of the Data Protection Commissioner or is it neutral?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: In other words, the Department does not have to be for or against. The commissioner is entitled to do this and that is it, and on it goes.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: It is not for the Department to have a view.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Why then has the Department a requirement in respect of passports and the Irish National Immigration Service that require production of the public services card, although it has now withdrawn that requirement in the case of national citizens.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: The Department is not saying whether it is right or wrong; it is just responding.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Is it a precautionary move from the Department's point of view or is it a move that it thinks is correct?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: It is only required in a few instances. For example, the Department of Transport, Tourism and Sport requires it in respect of driving licences and it is also required of first-time applicants for passports who are over 18 years of age. The Government seems to be willing to take on the Department, if Mr. Fallon does not mind me saying so. On the other hand, the Government is dropping the...

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: It is an observation and I am not asking him to comment. Are there service level agreements or other agreements in place between the Department, which will be taking the lead on this, and its European counterparts? Ireland is fighting the Apple case and, regardless of who wins or loses, it is a moot point as to who will get to divvy up the money. It will not necessarily all come to...

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Obviously Ms Dixon attends the key ones, but some of her staff-----

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: If there are 100 meetings, it is not just Ms Dixon herself.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: We would like her here some of the time.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Okay.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Can it take prosecutions?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: That is all great. However, if the Irish DPC has to take a prosecution against one of the major social media companies, does it have to carry the cost of that? There could be a benefit for all EU citizens. I saw a case reported yesterday where Ms Dixon's colleague in France had a case against Facebook about the right to be forgotten. There are two sides to it. First, it succeeded but it...

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Was it Google? I forget which it was.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: Do I get the gist that Ms Dixon does not have an issue with the Department of Employment Affairs and Social Protection using the public services card because it was all set up to draw benefits and everything like that? It is when other agencies or organisations are using it not for the purpose of social protection. Am I oversimplifying it?

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