Alice-Mary Higgins (Independent) | Oireachtas source

The Minister is proposing that, in terms of accessing new social welfare services, an individual should be willing to agree to the blanket indefinite retention of personal data. Concern was expressed over this in finding 3. Finding 4 states, "The Data Protection Commission is not satisfied that the Social Welfare Consolidation Act 2005 alone provides data subjects with sufficient information on the PSC and Safe 2 registration, particularly with regard to purposes of processing, to meet DEASP's transparency obligations under section 2D of the Acts." Finding 5 states, "The Data Protection Commission is not satisfied that DEASP's privacy statement provides data subjects with sufficient information in relation to processing of personal data in connection with the issue of the PSC and Safe 2 registration to meet DEASP's transparency obligations under section 2D of the Acts." Has that privacy statement been changed? It is a concern. Will that same privacy statement be the one that applies to persons who are now joining this register and who are getting new public services cards? I could go on. There are other amendments. There is another related amendments and we will have an opportunity to discuss it.

Let us be clear: there are findings and concerns. Nonetheless, my amendment simply gave the Minister the space. I had other amendments ruled out of order because of a potential charge regarding the contract of the State with the private company providing public services cards. The contract has already been signed and there is a tendering process under way. My other amendments were more modest because they simply sought a six-month hiatus that would at least allow for these issues to be resolved and ensure that, at least for the six-month period, individuals who wished to access much-needed payments would not have to undergo a process requiring them to accept an inadequate privacy statement and would not find themselves adding to the problems. In addition to referring to the concerns expressed by the Data Protection Commissioner on the principles of the law, I refer to the fact that there is recourse available to individuals. I believe the Minister would want to seize the opportunity to ensure new individuals do not have to add themselves inappropriately in terms of the public services card and so she will not continue with a business-as-usual approach despite very serious concerns.

The Department of Employment Affairs and Social Protection is an immensely important one and that is why I am proud to be a member of the social protection committee. I take my role in scrutinising legislation concerning the Department very seriously. It is a Department of which Deputy Regina Doherty is very proud to be Minister. While it is an important Department, this issue is much wider than it because it relates to Ireland's credibility regarding international regulation and some of the issues that even the Taoiseach was speaking about very recently, namely, the global digital realities we face. It will be very hard for Ireland to be seen as a credible regulator of the data processing of some of the largest international corporations in the world if we do not take our own regulation seriously and if we do not show that we are willing to abide by and engage with directions and findings when presented to us.