Written answers

Thursday, 16 July 2020

Department of Employment Affairs and Social Protection

Public Services Card

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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116. To ask the Minister for Employment Affairs and Social Protection the status of her appeal in the Circuit Court regarding directions issued to her by the Data Protection Commissioner; the costs incurred to date in the case; and if she will make a statement on the matter. [16330/20]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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118. To ask the Minister for Employment Affairs and Social Protection if she has engaged with the Data Protection Commissioner regarding her investigation of the biometric element of the public services card; if she is disputing and-or contesting aspects of the investigation; if she has engaged legal and-or consultancy firms to assist her in this regard; if so, the costs of same and names of the firms engaged; and if she will make a statement on the matter. [16332/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 116 and 118 together.

In August 2019, the Data Protection Commission's (DPC) Final report into the Public Services Card (PSC), which examined my Department's compliance with its obligations in relation to legal basis and transparency, was received.

On 6thDecember 2019, my Department received an Enforcement Notice from the DPC in respect of that August 2019 Report.

An appeal was filed against the Enforcement Notice within the timeframe provided to do so under the Data Protection Act 2018. My Department does not carry legal costs in matters such as this - rather they are carried by the Office of the Attorney General and the Chief State Solicitor’s Office.

As the matter is now before the Courts, it would be inappropriate to make any further comment.

In their August 2019 Report, the DPC stated that they would be submitting a further report to my Department containing provisional findings relating to data security, arithmetic template generation (and associated processing of personal data) for the SAFE registration process and the PSC and in relation to the Department's processing of personal data generated in connection with the use of the free travel variant of the PSC.

The DPC also stated that once it had considered any final submissions from my Department in relation to that report's provisional findings, they would finalise the report on those particular issues.

To date, no provisional report has issued to my Department.

I trust this clarifies the matter for the Deputy.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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117. To ask the Minister for Employment Affairs and Social Protection the position regarding the SAFE scheme and public services card and the invitation of tenders (details supplied); if she plans to develop use of the card throughout the public sector by multiple agencies; the names of the agencies and public sector bodies that she will give utilisation of the card to; and if she will make a statement on the matter. [16331/20]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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119. To ask the Minister for Employment Affairs and Social Protection if she has engaged with and-or notified the Data Protection Commissioner regarding the invitation for tenders (details supplied) relating to the public services card; if the Commissioner has requested that she defer a tender invitation relating to the public services card and-or SAFE; and if she will make a statement on the matter. [16333/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 117 and 119 together.

Since 1998, when legislative provision was first made for the Public Services Card (PSC), it was always intended that it would be used widely across the public service to assist people in their dealings with public sector organisations. The list of public bodies that are authorised to use the PSC is set out in Schedule 5 of the Social Welfare Consolidation Act 2005 (as amended).

My Department has received technical advice and support in relation to smart card technology since the beginning of the SAFE/PSC project. As the current contract for this support is due to expire in the coming months, my Department is tendering for a continuation of this service, as it has on a number of occasions since the project commenced.

My Department has not engaged with the Data Protection Commissioner (DPC) with regard to this procurement, as it relates to the ongoing day-to-day operations of the Department, and nor has the DPC made any request to the Department in respect of this procurement exercise.

I trust this clarifies the matter for the Deputy.

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