Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

We need to go back to when the Bill went through pre-legislative scrutiny and the Data Protection Commissioner was given sight of it. It is important to point out that the observations of the Data Protection Commissioner and those involved in pre-legislative scrutiny have been incorporated in the Bill.

On whether we have the luxury of waiting, I draw attention to a point I made on Second Stage regarding Part 5 of the Bill which is not referred to in these amendments but is of concern to me and other Oireachtas Members and regards the sharing of information to accrue pension entitlements. All elements of the Bill have been formulated with the objective of protecting people’s information and enabling a seamless public service. I am a little hesitant to begin picking out parts of the Bill, particularly as it has undergone pre-legislative scrutiny but I am satisfied that data sharing is provided for under section 6 of the Bill and is restricted to the sharing of personal data only and that, as set out in section 12 of the Bill, the sharing of special categories is not permitted. In addition, although it is not referenced in these amendments, section 36 of the Bill makes clear that special category data may not form part of a base registry. Furthermore, the Bill sets out in section 5 that nothing in the Bill shall affect the operation of data protection law, including the GDPR. As such, any actions carried out under this Bill must be fully compliant with the GDPR. There is no need to restate that elsewhere in the Bill and to do so may give rise to confusion as to whether GDPR applies to some provisions of the Bill but not others.

Having reviewed the issues raised by amendments Nos. 2 to 5, inclusive, with the Office of the Attorney General, I draw attention to the fact that the Bill does not try to unwind the public services card, to which reference was made, and which has widespread support across this House. As PPS numbers are currently widely used by public bodies in the State, it is important that the legislation clarifies the position on the sharing of data. Accordingly, section 6(1) of the Bill provides that it does not affect the operation of the 2005 Act except as set out elsewhere in section 6. I know we are going around the houses somewhat but, having reflected on the four amendments, I think they could have unintended consequences and, on that basis, I do not support them.