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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No 1:In page 10, lines 8 to 10, to delete all words from and including "excepting" in line 8 down to and including "data" in line 10. These are technical amendments to section 7 concerning the interaction of this Bill with the Social Welfare Consolidation Act 2005. Members will be aware there was substantial discussion in the Seanad on the application of this Bill to the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: We wanted to avoid any contradiction in the wording, especially considering the length of the deliberations in the Seanad. We also wanted to avoid a conflict with the Social Welfare Consolidation Act 2005. Having reflected on the matter and wanting to take on board the spirit of what was agreed to in the Seanad, we have decided to remove the wording as proposed in amendments Nos. 1 and 2...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: The Deputy's question is pertinent because section 2 refers to the special categories of personal data and information referred to in Article 9 of the GDPR. The GDPR is inherently built into the Bill. In later sections there are clear references to it. However, in the Seanad we wanted to take on board the spirit of what had been proposed by Senator Higgins. We have discussed the matter...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: As I said on Second Stage, I have no difficulty with having further discussions with my officials. However, what was attempted to be achieved in the Seanad, which we accepted in principle, is actually strengthened by amendment No. 3. In fact, it is stronger than the Seanad amendment. It removes any contradiction and explicitly refers to how the processing of special categories of data will...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I have already made my officials available. We have extended an open invitation for people to engage with us on the matter, but, unfortunately, it has not been taken up. However, I am more than willing to have that level of engagement before Report Stage. The debate in the Seanad should be looked at in the round, rather than in isolation. Article 9 of the GDPR is referred to specifically...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: As I said before the Deputy came into the committee room, my officials and I have made ourselves available to all Members to discuss this matter. Regrettably, we have had no engagement on it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I acknowledge that Deputy Jonathan O’Brien has engaged with us before on the pre-legislative process.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: This is a data sharing and governance Bill. Implicit in the Bill is a governance mechanism on the sharing of information which currently takes place without governance and the Deputy accepts that. At the very start of this Bill, it is important to say that data sharing is currently taking place in this country legitimately, which people want to take place, including at the birth of a child...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: In terms of the principle of consent, a new mother would have to fill out a form saying that she has no problem with consent. That would actually be the net result of what we are doing and then there would be no point in having this in the first instance. The public service sharing of data that is happening as we speak will be completely undermined and not only for people who currently...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: The Deputy is asking that they will have to sign up to it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: The Deputy is asking, in effect, that individuals sign up to it. Let us say an individual is applying for a SUSI grant. The application could contain an element related to the Departments of Employment Affairs and Social Protection and Agriculture, Food and the Marine and an element related to the Revenue Commissioners. On the basis of what Deputy Wallace is suggesting, that individual...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: We have exhaustively gone through this with the Attorney General. All of the questions that Deputy Wallace asks have been clarified. As constituency Deputies we all deal with people who are applying for SUSI grants. Imagine what life would be like in the month of August if those people had bundles of forms under their arms going around the country from body A to body B to body C because...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: They will have to give written consent to each individual public body involved.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I am not trying to dismiss the concerns of Deputies Wallace and Jonathan O'Brien. I, too, have legitimate concerns, particularly about the way data are being handled in the private sector. There have been recent examples of problems in that area. Deputy Wallace has done a lot of very positive work on the penalty points issue, for example. Imagine a situation where a driver would not give...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: It may not be the intention but that would be the net outcome of the change.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I will ask a rhetorical question. Who is going to consent in this type of arrangement? There will probably be thousands of these agreements. How many does the Deputy suppose would consent to data sharing agreements with the Revenue Commissioners and other agencies on that basis?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: Perhaps the Deputy might like to enlighten me on how many people he would expect not to agree to such agreements.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: It is the net result.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: To reply to Deputy Jack Chambers, it is up to each service provider. The Bill makes it clear that it is up to each service provider to use the mechanism it believes is the most appropriate to determine the identity of the data subject, customer or citizen. If I were to accept the amendment in the names of Deputies Wallace and Clare Daly on the issue, I would undermine and it would be in...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: We have had a good discussion. To go back to what Deputy Jack Chambers said, if we were in any way to undermine the public services card, as the amendment would because it would prevent it from being used as an exclusive means to verify identity, where would it leave the people who are using it to access free travel? I do not think that is the intention. As I said in the earlier part of...

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