Dáil Éireann Debate, Wednesday - 21 April 2021
1127. Deputy James Lawless asked the Minister for Social Protection the legal basis for demanding the public services card for other public services in view of the Data Protection Commission report; and if she will make a statement on the matter. [18760/21]
View answerEvery day the State delivers important and valuable services and benefits to the people of this State. It is critically important that we can do so in the knowledge that the person in receipt of these services is who they claim to be. It is also important that we minimise the need for people to authenticate their identity each time they need to enter into a transaction with a public body.A key aim of the Public Service Card (PSC) and the SAFE identity authentication process that underpins it is to deliver on these objectives.
Since 1998, when legislative provision was first made for the PSC, it was always intended that it would be used widely across the public service to assist people in their dealings with public sector organisations. The list of public bodies that are authorised to use the PSC is set out in Schedule 5 of the Social Welfare Consolidation Act 2005 (as amended).
Section 263 of that same Act provides that a person shall produce his or her PSC at the request of a specified body for the purpose of a transaction. It is a matter for each specified body as to whether they decide to request a person to present their PSC when transacting with that body.
In October 2017, the Data Protection Commission (DPC) commenced an investigation into the SAFE/PSC process. The DPC sent its Final Report on this investigation to the Department in August 2019. In essence it found that while the processing of personal data to authenticate a person's identity and issue a PSC for the purpose of providing services delivered by my Department is lawful, the same is not the case when a person is acquiring a PSC for use with the services of other specified public bodies.Having carefully considered the report of the DPC and having consulted with the Attorney General’s Office, the Department is satisfied that the processing of personal data for the authenticating identity and issuing a PSC is in fact lawful in situations where the person is acquiring a PSC for use with another specified public body. The Department set out its position at the time that it published the report of the DPC.Subsequently, in December 2019, the Department received enforcement proceedings from the DPC in respect of the August 2019 Report.The Department filed an appeal against the Enforcement Notice and, as the matter is now before the Courts, it would be inappropriate to make any further comment.
I trust this clarifies the matter for the Deputy
