Dáil Éireann Debate, Tuesday - 20 September 2011
377 Deputy Patrick O’Donovan asked the Minister for Justice and Equality if consideration has been given by him to introduce amendments to the Data Protection Acts in order that airlines could be compelled to provide details, including passenger name record, to him as a means of combatting social welfare fraud; and if he will make a statement on the matter. [24628/11]
Amharc ar fhreagraI would draw the attention of the Deputy to provisions contained in the Immigration, Residence and Protection Bill 2010. Section 127 of the Bill sets out the obligations on carriers in relation to the provision of information in relation to persons travelling to or from the State and the uses to which that data can be put; including for law enforcement purposes. The information collected may be shared with a number of Departments and agencies in specified circumstances including the Minister for Social Protection where it relates to a person of concern who has committed or is suspected of committing an offence under the Social Welfare Acts.
One of the outcomes when this provision of the Bill is commenced is that it will allow us to meet the requirements of the Council Directive 2004/82/EC of 29 April, 2004 on the obligation of carriers to communicate passenger data. However, as an interim measure in advance of enactment of the Bill, I am actively considering transposing the above Directive by way of Regulation under the European Communities Act, 1972. This would facilitate the collection of passenger data by carriers on flights originating from outside the territory of the EU Member States and its transmission to the Irish immigration authorities for the purposes of combating illegal immigration and improving border control.
I should also add that section 8 of the Data Protection Act 1988 (as amended by the Data Protection (Amendment) Act 2003) provides that restrictions in the Act on the processing of personal data do not apply if the processing is required for the purposes of preventing, detecting or investigating offences or prosecuting offenders in any case in which the application of those restrictions would be likely to prejudice the exercise of those functions.
