Thursday, 19 November 2015
Department of Social Protection
51. To ask the Tánaiste and Minister for Social Protection if she is aware of the Bara judgment of the Court of Justice of the European Union delivered last month (details supplied); if the information in any of the databases assembled and processed by her Department towards public administration was gathered using personal data previously collected and held by the State towards a different purpose; if persons whose personal data was gathered in such manner have been notified of the transfer of their data in all such cases; if not, if it is her opinion that all such databases are now illegal, in view of the Bara judgment; the measures she proposes to address this matter; and if she will make a statement on the matter. [41111/15]
I am aware of the Bara Judgment of the Court of Justice of the European Union delivered last month and my Department is assessing its implications on data sharing arrangements, if any.
Social welfare legislation provides a legal basis for the sharing of data between DSP and other specified bodies. My Department shares information with these bodies for the control of social welfare schemes and other purposes in accordance with this legislation.
Data sharing is viewed as an efficient and effective mechanism to target control related activity. It is an important prevention and detection control measure. Data sharing is also used to streamline services particularly in doing away with the need to collect the same data multiple times and consequently to provide a better service to the citizen while reducing administration costs.
When sharing data, the Department is very mindful of its responsibilities to protect the rights and privacy of individuals in accordance with the Data Protection Acts 1988 and 2003. The data sharing arrangements operate in accordance with guidelines drawn up in consultation with the Office of the Data Protection Commissioner. A list of bodies with which my Department shares data is available on welfare.ie.
52. To ask the Tánaiste and Minister for Social Protection for details of all instances where legislation introduced by her or on her behalf, which is enacted and still in force, contains a provision amending the Data Protection Acts to allow for the transfer of personal or other data collected, retained and processed by the State for a particular purpose, towards another specific purpose, from 1 January 2000 to 2015 to date, in tabular form; if she will indicate, for each such case, the financial cost of creating and administering such databases; the projected financial cost for databases not yet complete; the specific legislative provision which enabled such data transfers; and if she will make a statement on the matter. [41143/15]
Neither I, nor my predecessors, have introduced any legislation containing a provision amending the Data Protection Acts at any time in the period 1 January 2000 to date. The primary responsibility for the Data Provision Acts rests with the Minister for Justice.