Written answers

Thursday, 28 November 2019

Department of Foreign Affairs and Trade

Data Protection

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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73. To ask the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 54 of 21 November 2019, the reason each public authority listed accessed the passport office data sets; and if he will make a statement on the matter. [49630/19]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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It is not possible to provide the precise reason for these requests. This is due to the requirement that suitable and specific measures are taken to safeguard the fundamental rights and freedoms of data subjects, my Department is not privy as to why the information is being sought by the public authority. These requests are normally made under Section 41 (b) Data Protection Act 2018.

An Garda Síochána, Interpol and Europol request information in accordance with section 41(b) of the Data Protection Act 2018 whereby the data requested is for the purpose of preventing, detecting, investigating or prosecuting criminal offences.

The Department of Employment Affairs and Social Protection requests information in accordance with 41 (b) of the Data Protection Act 2018 and the provisions of Section 261 of the Social Welfare Consolidation Act, 2005 to assist in the prevention of, or the detection of fraud.

Revenue makes requests in accordance with 41 (b) of the Data Protection Act 2018 whereby the data requested is for the purpose of preventing, detecting, investigating or prosecuting criminal offences under the Finance Act 2001 or the Customs Act 2015.

The Department of Justice and Equality requests information in accordance with section 41(b) of the Data Protection Act 2018 for the prevention, detection and investigation of offences under the Immigration Acts 1999/2004 or prosecuting criminal offences.

The Road Safety Authority very occasionally requests information in accordance with 41 (b) of the Data Protection Act 2018 to be used for the purpose of the detection, prevention and investigation of an offence under the Road Traffic Act 1961 (as amended).

In addition, the Health Service Executive requests addresses, contact numbers and e-mail addresses to assist in the tracing of holders of Irish passports who were on flights where a person with an infectious disease was known to be on board.  The information is provided under section 6 (1) (d) of the General Data Protection Regulation.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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74. To ask the Minister for Foreign Affairs and Trade the procedures and-or protocols that were in place prior to the enactment of GDPR and the Data Protection Act 2018 for public authorities and An Garda Síochána to gain access to the information in the Passport Office data sets; and if he will make a statement on the matter. [49653/19]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Prior to the introduction of the Data Protection Act 2018, the Passport Service complied with the Data Protection Acts 1988 to 2018.

Under the Data Protection Acts 1988 to 2018, the Passport Service shared data as requested by An Garda Síochána and other authorities under Section 8 of the Data Protection Act 1988 as amended by the Data Protection Act 2003.

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