Written answers

Tuesday, 3 February 2015

Department of Education and Skills

Data Protection

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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510. To ask the Minister for Education and Skills the position regarding the primary online database and the Data Protection Commissioner, following her statement that the Data Protection Commissioner had approved retaining children's data until they were at least 30, and following the Data Protection Commissioner’s statement that it seems to be the case that there is an inadequate explanation of why they need it and why they need to hold it for as long as they are holding it; and if she will make a statement on the matter. [4472/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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My Department is in ongoing contact with the Data Protection Commissioners Office in relation to the retention period for POD data. The Department has previously received advice from the Data Protection Commissioners Office in this regard and will continue to closely consult with and seek the advice of the Commissioners office while reviewing the retention policy for POD data.

I understand that there are concerns from a data protection and privacy point of view around the retention period for the data. The Department is considering these concerns, and also needs to consider the fact that in the future POD will serve as the official record of primary school enrolment for everybody, and as such it forms part of an individual's personal history. While some people might prefer for their record to be deleted as soon as possible, others may prefer to have their record accessible should they want or need to get it in the future. The Department will review it's retention policy bearing in mind these issues, as well as all the legal obligations on us in the areas of data protection and records management. Individuals also have the right under data protection legislation to request in writing to any public body that their records held by that body be removed or amended and their reasons for the request, and the public body must consider and respond to such requests within 40 days.

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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511. To ask the Minister for Education and Skills in view of the Data Protection Commissioner's statement on the primary online database that there is an inadequate explanation as to why they need it and why they need to hold it for as long as they are holding it, if she or her Department alerted schools that compliance with the POD database plan may be a breach of their duties as data controllers under the data protection Acts; and if she will make a statement on the matter. [4473/15]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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My Department is in ongoing contact with the Data Protection Commissioners Office in relation to the retention period for POD data. The Department has previously met with and received advice from the Data Protection Commissioners Office in this regard and no issues of concern were raised at that time. My Department will continue to closely consult with and seek the advice of the Commissioners office while reviewing the retention policy for POD data.

The Department understands that there are concerns from a data protection and privacy point of view. The Department is exploring these concerns but also needs to consider the fact that in the future POD will serve as the official record of primary school enrolment for everybody, and as such it forms part of an individual's personal history. While some people might prefer for their record to be deleted as soon as possible, others may prefer to have their record accessible should they want or need to get it in the future. The Department will consider it's retention policy bearing in mind these issues, as well as all the legal obligations on us both in the areas of data protection and records management, in concert with the Data Protection Commissioners Office.

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