Tuesday, 23 July 2019

Questions (2769)

Michael McGrath

Question:

2769. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the number of times data relating to persons was shared by her Department with the Revenue Commissioners in each year since 2015 by category in tabular form; the nature of the data that was shared; the process involved by which the Revenue Commissioners seek data from her Department relating to a person; if there has been and continues to be full compliance with data protection and GDPR in respect of such data sharing; and if she will make a statement on the matter. [33497/19]

View answer

Written answers (Question to Employment)

For the past number of years, my Department has been actively engaged in data matching with other Government Departments and public bodies for control purposes. To this end, there is an extensive legal structure to support the sharing of data for the purpose of controlling the entitlement and payment of benefits.

The legislative provisions that allow for the specific sharing of data – with the Revenue Commissioners and other Government Departments and agencies - are contained in section 261 of the Social Welfare (Consolidation) Act, 2005. In exercising these functions, the Department also operates in accordance with the relevant data protection legislation.

The provision of information directly to other organisations for other purposes is in adherence with strict data protection guidelines. A Data Sharing Agreement is in place between my Department and the Revenue Commissioners to govern the transfer of data between the two organisations, in strict accordance with GDPR.

The nature of the data transferred each year from my Department to the Revenue Commissioners, and the frequency of these transfers, is shown in the following table.

Table 1: Data transferred to Revenue

Category of Personal Data transferred from DEASP

Frequency of transfer

Legislative Basis

Taxable social welfare payments

Weekly

Section 126 Taxes Consolidation Act 1997

Manual Payments & Inter-Scheme Adjustments (ISA)

Weekly (Manual), Nightly Mon-Fri (ISA)

Section 126 Taxes Consolidation Act 1997

Local Property Tax - data to allow deductions at source from certain social welfare payments

Weekly

Part 10 Chapter 2 - Finance (Local Property Tax) Act 2012

Payment of Carers Allowance and Carers Support Grant made by DEASP

Annually

Section 261(1) of Social Welfare (Consolidation) Act 2005

Rent Supplement - data in respect of payments made by DEASP under this scheme

Annually

Section 888 of the Taxes (Consolidation ) Act 1997

Payments of Occupational Injury Benefit/Illness Benefit made by DEASP

Weekly

Section 15 (4) (a) Finance Act, 1992; Article 70(b)(i) of S.I. No. 77/1993 [Income Tax (Employments) Regulations, 1993]

SCOPE Section/Requests from Revenue for changes in PRSI class

Twice weekly

Sections 261 and 300 of Social Welfare (Consolidation) Act 2005

Payment to customers under the Magdalen Commission Scheme made by DEASP

Case basis

Section 261(1) of Social Welfare (Consolidation) Act 2005

New PPSN and changes to identity data set

Daily

Sections 261(1) and 262 to 270 of Social Welfare (Consolidation) Act 2005

Update to cases where Public Service Identity details have changed

Nightly

Sections 261(1) and 262 to 270 of Social Welfare (Consolidation) Act 2005

Update to cases where a PPS Number has been allocated

Nightly

Sections 261(1) and 262 to 270 of Social Welfare (Consolidation) Act 2005

Details contained in token that is passed to Revenue when a person logs in to Revenue MyAccount via www.MyGovID.ie

When a person logs in to Revenue MyAccount

Sections 261(1) and 262 to 270 of Social Welfare (Consolidation) Act 2005

Income Tax Family Statistics & Budget Forecast Information

Annually

Sections 261(1) and 262 to 270 of Social Welfare (Consolidation) Act 2005

Withholding tax returns in respect of professional service provided to the Department.

Case basis

Section 527 Taxes Consolidation Act 1997

Client Identity Services Registration

Case basis

Section 8 Immigration Act 2003

Case specific enquiries to support work of Joint Investigations Unit

Case specific investigation

S 261(2) of Social Welfare (Consolidation)Act 2005. Section 891 (b) Taxes Consolidation Act

Information about certain payments made by traders and other persons carrying on a business activity

Case specific investigation

S 261(2) of Social Welfare (Consolidation) Act 2005.

Vehicle registration data

Case specific investigation

Section 261(1) of Social Welfare (Consolidation) Act 2005

Single Customer View

Case specific enquiry

Sections 261(1) and 262 to 270 of Social Welfare (Consolidation) Act 2005

I hope that this clarifies the matter for the Deputy.