Written answers

Tuesday, 28 November 2017

Department of Employment Affairs and Social Protection

Public Services Card

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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675. To ask the Minister for Employment Affairs and Social Protection if the obtaining of data through SAFE 2 and the public services card is fully compliant with the general data protection regulation law including ensuring that ownership of the data ultimately rests with the persons rather than her Department; and if she will make a statement on the matter. [50635/17]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The General Data Protection Regulation (GDPR), which will come into force on the 25th May 2018, replaces the existing data protection framework under the EU Data Protection Directive and imposes a general necessity to have specific legislative provisions underpinning the methods organisations use to process data.

The main legal powers providing for and relating to SAFEregistration and the PSC are set out in the Social Welfare Consolidation Act, 2005 (as amended) as follows –

- Sections 262 and 263B provide for the verification of identity to facilitate the issuing and use of a Personal Public Services Number (PPS Number or PPSN)

- Sections 263, 263A and 263B provide for the verification of identity to facilitate the issuing, use and cancellation of a PSC;

- Section 241 provides that a person must satisfy the Minister to his/her identity when making a new claim and sets out how that can be done; and

- Section 247C provides that an existing claimant must satisfy the Minister to his/her identity, sets out how that can be done, and provides for disqualification where an existing claimant fails to so do.

The recently published “Comprehensive Guide to SAFE Registration and the Public Services Card” is available on my Department’s websiteunder “Downloads”. This document contains 54 detailed questions and answers which address a wide range of questions about SAFE Registration and the PSC. Appendix 1 of this document lists legislative provisions associated with the Public Services Card.

My Department collects and holds large volumes of personal data on customers and is very aware of the need to have adequate data protection policies, procedures and structures in place in line with the GDPR. Preparations for the GDPR are being overseen by the Department’s Data Management Programme Board which comprises many of the Department’s most senior personnel. The Department has a dedicated GDPR implementation team in place and has commissioned external expertise to assist it with achieving GDPR compliance.

I hope this clarifies the matter for the Deputy.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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676. To ask the Minister for Employment Affairs and Social Protection if she issued a communication to An Post requesting that presentation of public services cards be made mandatory for receipt of any social protection payment; the date on which this communication was issued; and if she will make a statement on the matter. [50636/17]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The Department of Employment Affairs and Social Protection operates its contract for cash payment services with An Post. The Department and An Post agreed a protocol in 2014 governing the forms of identification which claimants, or their agents, must produce in order to collect payments. There has been no change in this agreed protocol or in the forms of identification required of claimants to collect their social welfare payments.

Social welfare claimants must present one of the Department of Employment Affairs and Social Protection payment cards when collecting payments. These cards are; the Public Services Card, the Social Services Card and the Temporary Payment Card.

The Public Services Card, or PSC, is an identity token, issued by the Department, following a face to face registration process which involves the capture of an individual’s photograph and signature plus the verification of identity data already held by the Department. No other identification is required of clients when a PSC is presented.

The Social Services Card, or SSC, is a payment token, used to collect DSP payments. The token is issued to claimants who have not yet been registered for and received a PSC. If presenting for payment with an SSC, a person must also provide additional identification. Ideally this should photographic. Acceptable forms of photographic ID are:

- Current Passport (For Irish and UK passport holders, a passport which has expired within the previous 12 months is acceptable)

- Current (in date) National ID card for EU citizens other than Ireland or UK

- Current (in date) Irish or UK Drivers Licence or Irish Driver Learner Permit

- Current (in date) Garda National Immigration Bureau (GNIB) Card

- Emergency Photo ID produced by the Department.

If a claimant holds an SSC but does not have appropriate photographic ID then the following documents are acceptable:

- Medical Card and Proof of Address

- Bank Card and Proof of Address

- Recent work ID and Proof of Address

- Recent communication from Public Service body or Local Authority and Proof of Address.

If a customer holds an SSC but is unable to present either acceptable Photo ID or alternative ID, An Post may make payment based on the personal validation of the Post Office staff on the basis that the customer is known to them by sight and name.

Finally the Temporary Payment Card is a paper document issued by the Department for short-term use by a claimant pending receipt of a PSC or SSC. A temporary payment card is valid for a specific period. An Post may not accept the Temporary Payment Card without the additional forms of identification listed above for the SSC.

In addition to the identity requirements for claimants collecting in person, post offices are obliged to apply the following controls in respect of payments collected by authorised agents. These agents are of two types; temporary and permanent.

Payment should only be made to a temporary agent on presentation of the following:

- A Temporary Agent form (TA1) signed by the claimant authorising the agent to collect their payments.

- The claimant’s PSC, SSC or Temporary Card

- The Agent’s own photo ID. Acceptable forms of photo ID are the same as set out for SSC card.

An Post have recently begun the roll out of an updated counter transaction system. This change would appear to have caused some confusion among staff in post offices as my Department has received an increase in public queries regarding the use of the PSC for identification. In each case the Department has asked An Post to contact the relevant post office to clarify that there has been no change in the agreed protocol governing the forms of identification which claimants, or their agents, must produce in order to collect payments. To date these communications have been successful in ensuring that these instances have been resolved.

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