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Public Services Card

Dáil Éireann Debate, Thursday - 16 July 2020

Thursday, 16 July 2020

Questions (116, 118)

Catherine Murphy

Question:

116. Deputy Catherine Murphy asked 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]

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Catherine Murphy

Question:

118. Deputy Catherine Murphy asked 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]

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Written answers

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 6th December 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.

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