Fraud is a crime which can affect anybody but which particularly targets vulnerable people and businesses who may not be aware of or vigilant to the risks of online and telephone fraud in particular.
The proposed shared fraud information database for the banking sector is an initiative of the Banking and Payments Federation Ireland (BPFI), who have engaged with my Department and with the Office of the Data Protection Commissioner on the matter.
The purpose of the proposed database, which is to be run by a specialist provider on behalf of participating banks, is to help identify and prevent fraud against those banks and their customers through the systemised sharing of relevant information across the participating organisations. The system will operate according to a strict set of data matching rules to identify patterns of suspicious activity, with returned matches to be investigated on a case by case basis.
Access to the proposed database will be solely for the purposes of fraud investigation and prevention and will be limited to specially trained teams within participating banks.
The legal advice available to me is that the establishment of the database will necessitate enabling Regulations under the Data Protection Act 2018. My officials are currently engaging with the BPFI to scope out the operational parameters, oversight structures and safeguards that will need to be in place to support the effective and lawful operation of the database and to help inform the content of the Regulations.
More broadly, the Deputy will be aware that an all-of-Government implementation plan to progress the recommendations in the Hamilton Review into Economic Crime was published in 2022, setting out 22 actions to enhance enforcement and prevention capacity in this area.
To date, a number of actions have been completed and a number of others have been significantly advanced. Actions completed include:
• The establishment of the Advisory Council in May 2022 to co-ordinate and lead the delivery of a whole-of-government approach to economic crime and corruption and to serve as a ‘centre of excellence’ for research and analysis, awareness-raising, training and other best practice issues. It is chaired by former Director of Public Prosecutions James Hamilton
• The setting up in June 2021 of a forum of senior representatives to facilitate greater inter-agency co-ordination, collaboration and information sharing
• Engagement with the Judicial Council in relation to the development of judicial training for complex economic crime/corruption cases
• The Criminal Procedure Act 2021 which provided for pre-trial hearings to take place, in white-collar crimes and other complex cases making it less likely juries are sent away during trial, and therefore making the court process more efficient
• The Competition Amendment Act 2022 created a specific offence of bid rigging
• The Department of Justice has identified relevant bodies to progress the recommendation to introduce legislation to enable the collection, collation and analysis of all public procurement data to detect and deter bid-rigging
• Custody Regulations have been amended for authorised officers of the Competition and Consumer Protections Commission to attend at Garda interviews
• Budgetary increases for the Office of the Director of Public Prosecutions
• A review of the resource capacity of the Standards in Public Office Commission (SIPO) has been completed
• A review of Ethics in Public Office as set out in the Programme for Government with a view to strengthening the law relating to ethics in public office has been completed
There has also been significant progress to implement other recommendations of the Review, and these recommendations will be considered as the Multi-Annual Strategy to Combat Economic Crime and Corruption develops.