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

Seán Fleming: Explain the work. I have heard from some local authorities and they described it as an audit and that they all fared fairly poorly, or that was their understanding. Will Ms Dixon outline the current programme?

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

Seán Fleming: I presume the Garda would be entitled to have more of that information than a local authority.

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

Seán Fleming: How many local authorities has the DPC visited so far?

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

Seán Fleming: What is the next step with those six?

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

Seán Fleming: At the draft report stage, there is a bit of toing and froing.

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

Seán Fleming: Is that the 21-day period?

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

Seán Fleming: This is an earlier stage.

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

Seán Fleming: When the DPC issues its report, they still have 21 days to say whether they are going to comply.

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

Seán Fleming: They are coming down the tracks.

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

Seán Fleming: Ms Dixon stated that the commission can issue these reports.

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

Seán Fleming: That did not happen in respect of the report we are discussing because it came under the old legislation.

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.

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