Written answers

Thursday, 27 June 2013

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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262. To ask the Minister for Health if hospitals may access insurance details for patients without the patient's permission; and if so, under what legislation; and if he will make a statement on the matter. [31322/13]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Issues relating to access to personal data, including insurance details, are a matter for the Data Protection Commissioner.

The Office of the Data Protection Commissioner is established under the 1988 Data Protection Act. The Data Protection Amendment Act, 2003, updated the legislation, implementing the provisions of EU Directive 95/46. The Acts set out the general principle that individuals should be in a position to control how data relating to them is used.

The Data Protection Commissioner is responsible for upholding the rights of individuals as set out in the Acts, and enforcing the obligations upon data controllers.

The Commissioner is appointed by Government and is independent in the exercise of his or her functions. Individuals who feel their rights are being infringed can complain to the Commissioner, who will investigate the matter, and take whatever steps are necessary to resolve it.

The Office of the Data Protection Commissioner is an Independent Office under the aegis of the Minister for Justice, Equality and Defence.

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