Carol Nolan (Offaly, Independent)
Link to this: Individually | In context

385. To ask the Minister for Employment Affairs and Social Protection whether officials within her Department are authorised to share information received from members of An Garda Síochána seconded to the Department, particularly information relating to ongoing or potential criminal investigations, with other public bodies; whether such disclosures are governed by a specific legal basis under the general data protection regulation, the Data Protection Act 2018, or any internal departmental policy; and if he will make a statement on the matter. [53841/25]

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

My Department has an effective data governance framework in place to ensure that it meets its obligations as a data controller under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 in respect of its data sharing activities. This includes putting in place specific Data Sharing Agreements in respect of the sharing of data with other Departments and agencies. My Department lawfully shares information with a number of Government Departments, bodies, agencies, and local authorities, for the purposes which are set out in the Social Welfare Consolidation Act 2005 and in other Acts.

Furthermore there is a Memorandum of Understanding between my Department and An Garda Síochána which provides for the secondment of members of An Garda Síochána to my Department for the purposes of detecting and investigating social welfare fraud. The Memorandum of Understanding requires that any data exchange between my Department and Gardaí on secondment is subject to the highest standards of confidentiality and security and in accordance with all relevant data protection legislation and rules. Members of An Garda Síochána seconded to my Department are obliged to adhere to the same Data Protection protocols and undertakings as all staff members.

I trust that this information is of assistance to the Deputy.

Carol Nolan (Offaly, Independent)
Link to this: Individually | In context

386. To ask the Minister for Employment Affairs and Social Protection whether her Department has a memorandum of understanding or any formal agreement in place with the Office of the Director of Public Prosecutions governing the transmission of case files or information from the Department to the DPP; whether officials within her Department are authorised, under any legislation, formal policy, or agreement, to inform other public bodies that a case file has been, or is to be, referred to the Office of the Director of Public Prosecutions; if such disclosures require the approval of the DPP or are subject to any data protection or confidentiality restrictions; and if he will make a statement on the matter. [53842/25]

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

My department’s policy is to consider the more serious cases of social welfare fraud for prosecution. Cases suitable for prosecution are identified during investigations conducted primarily by the Special Investigation Unit (SIU) of my department and Gardai seconded to SIU. Defined and recognised practice standards, set by the Director of Public Prosecutions (DPP) are applied in considering these cases.

Most offences of social welfare fraud are prosecuted summarily in the District Court under the provisions of Section 272 of the Social Welfare (Consolidation) Act 2005.

More serious cases of social welfare fraud may be referred to the DPP for prosecution on indictment.

My department does not inform other public bodies as to whether a case file has been or is to be referred to the DPP.

I trust this clarifies the matter for the Deputy.