Written answers
Tuesday, 27 June 2023
Department of Public Expenditure and Reform
Data Protection
Fergus O'Dowd (Louth, Fine Gael)
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65. To ask the Minister for Public Expenditure and Reform if he will review current GDPR policies to ensure data sharing is possible and more streamlined between State agencies, where there are serious safeguarding issues highlighted; and if he will make a statement on the matter. [25161/23]
Paschal Donohoe (Dublin Central, Fine Gael)
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I would like to thank the Deputy for his question and inform him that the primary legislation that supports the sharing of citizens' personal data is the Data Sharing and Governance Act 2019, which is administered by my Department. This provides a data governance framework for the Public Service, including a common set of key processes, which Public Service Bodies follow when they wish to use the Act as a basis to share personal information.
Public consultation is one of the key stages in this new process and delivers transparency to both GDPR compliance and safe handling of personal information. Additionally, a Data Sharing Agreement Model provides a structured template for Public Service Bodies to clearly set out how they share data, including data protection and security information.
A Data Governance Board, established under the Act, delivers oversight of the entire data sharing process. The Board reviews each Data Sharing Agreement under the Act and its recommendations are published along with the Data Sharing Agreement itself.
To date 54 Public Service Bodies have successfully and securely shared data under the Data Sharing and Governance Act.
However, the Deputy’s question refers to cases where serious safeguarding issues have been highlighted. I would point out that the Data Sharing and Governance Act 2019 states that the Act with minor exceptions shall not apply to special categories of personal data. Also that, with minor exemptions, nothing in this Act shall affect the operation of data protection law. Consequently, the sharing of data relating to individual cases where there are serious safeguarding issues highlighted is likely to require specific legislation from the Ministers involved.
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