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Data Protection

Dáil Éireann Debate, Tuesday - 8 September 2020

Tuesday, 8 September 2020

Ceisteanna (740, 741)

Jennifer Whitmore

Ceist:

740. Deputy Jennifer Whitmore asked the Minister for Social Protection if clients that are not comfortable providing personal data and information to Turas Nua will have failure to attend and or participate on their file; the reassurance that can be provided to persons to ensure that their personal data and information is fully protected by the company; and if she will make a statement on the matter. [22193/20]

Amharc ar fhreagra

Jennifer Whitmore

Ceist:

741. Deputy Jennifer Whitmore asked the Minister for Social Protection if clients of a company (details supplied) can formally request a copy of their files directly from the company; if clients must request her Department directly for data subject to access rights; and if she will make a statement on the matter. [22194/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 740 and 741 together.

JobPath is an employment activation service that supports people who are long-term unemployed and those most at risk of becoming long-term unemployed to secure and sustain paid employment. The service is delivered by two companies, Seetec and Turas Nua.

Information is shared by my Department with the JobPath providers to enable them to provide employment services on behalf of the Department. This will include some personal data such as name and contact details. In order for the service to function it is necessary to transfer data. The purpose of sharing this information is to assist in the development of tailored personal progression plans for individual jobseekers in order to support them back into paid employment. The contractor will be in receipt of this data before contact is made with the customer. The contractor, in seeking to assist the customer to gain full time employment, will enquire as to the customer's career goals, work history and assist in identifying any barriers to employment. If a customer is uncomfortable sharing information with any of my Department's services they should raise this so that any valid concerns can be allayed.

My Department is very aware of the need to have robust data protection policies, procedures and structures in place in line with current data protection legislation. My Department’s contracts with the JobPath providers are in compliance with all relevant legislation and any information shared is contractually based and necessary to provide a service. All contracts in place are governed by and construed in accordance with the laws of Ireland and the courts of Ireland have exclusive jurisdiction over these contracts.

In addition, JobPath providers are contractually required to register with the Office of the Data Protection Commissioner as data processors and are legally bound to observe and adhere to data protection requirements. Sub-contractors engaged by the JobPath service providers for the purpose of delivering the JobPath service are also fully governed by the same contractual obligation as the main contractor.

My Department has regular meetings with both JobPath providers to ensure that they are fully aware of and are fulfilling their contractual obligations, including those concerned with data protection. Both companies have undertaken regular independent audits of their data processes and procedures as part of these contractual obligations. In addition, the Office of the Data Protection Commissioner has conducted audits of each JobPath company. Employees of both JobPath companies, and their subcontractors, are subject to the same data protection laws as Departmental staff.

Under the GDPR, the right of access gives individuals the right to obtain a copy of their personal data. Any JobPath customer who wishes to obtain a copy of their personal data can make a data subject access request directly to their Jobpath provider or to the Department itself. However, in all such cases, the Department as data controller will coordinate the collection and issuing of the data to the customer.

I trust this clarifies the matter for the Deputy.

Question No. 741 answered with Question No. 740.
Question No. 742 answered with Question No. 736.
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