Dáil Éireann Debate, Wednesday - 23 October 2019
65. Deputy Joan Collins asked the Minister for Employment Affairs and Social Protection her views on the ongoing issues relating to the public services card and the Data Protection Commissioner, in particular as it relates to the requirement for a card to access the new national childcare scheme. [43639/19]
View answerIn October 2017 the DPC commenced an investigation into the SAFE / PSC process and delivered its final report to the Department on 15 August 2019. On 17 September, the Department published the report of the DPC together with a summary of its own response to the findings of the report, and related correspondence between it and the DPC.
As stated in September, the Minister for Public Expenditure and Reform, Paschal Donohoe T.D. and I informed Government that we are satisfied that the processing of personal data related to the PSC does in fact have a strong legal basis, that the retention of data is lawful and that the information provided to users does satisfy the requirements of transparency. This opinion was arrived at following very careful consideration both of the report and of the strong legal advice of the Attorney General’s Office.
The Department sought to meet with the DPC on two occasions since receipt of the report with a view to outlining the basis for its conclusions and seeking to clarify a number of matters of concern relating to inconsistencies both within the DPC's Report and between the report and the accompanying letter from the DPC. The request for a meeting was declined on both occasions.
It is important to note that the findings in the DPC report do not have the force of law until such time as they are formalised in an enforcement notice. To date, the DPC has not issued an Enforcement Notice. On receipt, the Department will consider the scope and terms of the enforcement notice and respond appropriately at that time.
In the meantime the Department will continue to conduct SAFE registration and issue PSCs.
With regard to the National Childcare Scheme (NCS), I am advised that the Department of Children and Youth Affairs has stated that it had always been acknowledged that parents should have choice in how they apply for the NCS therefore it had always been intended and designed so that they can apply online or by post.
I hope this clarifies the matter for the Deputy.
