Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I will take amendments Nos. 1 to 4 together, as the Cathaoirleach Gníomhach has outlined. At the outset, it is important to highlight that this Part does seek to authorise the collection or processing of personal data that is not already authorised for collection or processing elsewhere in statute. It will enable a one-stop shop mechanism that allows the relevant immigration officials to collect information on behalf of social protection officials that can be used for social welfare purposes and vice versa.

Senators will note that the power to gather data only relates to relevant immigration and social welfare enactments, which are defined in section 41. Those relevant immigration enactments include section 60 of the International Protection Act 2015, which provides for the data to be gathered in order to grant a person temporary protection, such as those fleeing Ukraine.

"Relevant social welfare enactment" includes section 262 of the Social Welfare Consolidation Act 2005, which relates to the data to be gathered in order to issue a PPS number. Essentially, Part 5 will allow an applicant to give the data required for temporary protection and a PPS to a single officer, once, and have it automatically transmitted for processing.No data can be gathered under this part that is not required by such a relevant enactment. Furthermore, all the provisions of this legislation are subject to the general data protection regulation and the Data Protection Act 2018. Consultation also took place with the Data Protection Commission, DPC, in the drafting of this legislation.

Amendment No. 1 proposes to add the word "relevant" to the term "personal data". I understand the concern of Senators that only required and relevant data would be collected. However, I do not intend to accept this amendment because the definition, as drafted, is sufficient. Further expansion would require further definition elsewhere in this part of the Bill. As matters stand, personal data is defined in the new section 41 as having the same meaning as it has in the data protection regulation. It is important to highlight that the personal data being collected must be provided for under the relevant immigration enactment or relevant welfare enactment as prescribed here. Provision in respect of personal data is already made in existing legislation.

Amendments Nos. 2 and 3 propose the deletion of the reference to special categories of personal data. This reference is necessary. Removing it would limit the complete collection of personal data for the purposes of the relevant enactments set out in the Bill, and the objective of facilitating a one-stop shop. There are not multiple special categories of data to be collected here but it may arise in certain instances provided for in the relevant enactments referred to in the Bill. For instance, in the case of the registration process in section 9 of the 2004 Immigration Act, there is provision for biometric data to be collected.

In the context of amendment No. 4, I understand the concern of Senators to the effect that all due care be taken before these systems are commenced, that all appropriate risks are assessed and that all necessary protections are in place. A data protection impact assessment, DPIA, is being undertaken in respect of the processing of data under Part 5 by officials in the Department of Justice, in consultation with the Department of Social Protection. The assessment will be completed before this processing is operationalised. The case that the general data protection regulation, GDPR, outlines the circumstances in which a DPIA is required. As a result, the requirement for specification in the legislation for an assessment to be carried out does not arise. It is also important to note that the processing of data under section 43 is subject to suitable and specific measures, which means measures to safeguard the fundamental rights and freedoms of data subjects in processing personal data of those subjects.

For the reasons I have outlined, the Senator will appreciate I cannot accept these amendments.