Ministers Doherty and Donohoe brief Cabinet on Report
of the Data Protection Commissioner on the Public Services Card and
Reaffirm their Commitment to Continued use of the Card
Tuesday, 3 September, 2019:
During this
afternoon’s Cabinet meeting, Minister for Employment Affairs and Social Protection,
Regina Doherty, T.D. and Minister for Public Expenditure and Reform, Paschal
Donohoe, T.D., briefed Government on the recent report of the Data Protection
Commission (DPC) on the Public Services Card (PSC).
The Ministers
acknowledged the finding of the DPC that the PSC is validly required for the
purposes of transactions with the Department of Employment Affairs and Social
Protection. About 2.5m of the over 3m active users of the PSC are beneficiaries
of Department of Employment Affairs and Social Protection (DEASP) services,
such as free transport and pension payments; the DPC report confirms that both
DEASP and its clients can continue to rely on the convenience of the PSC for
these purposes. The Ministers also
welcome the DPC’s clarification that nothing in the report or findings
undermines or invalidates the use of any PSCs already in issue. This is
particularly welcome given the very high level of citizen satisfaction with,
and support for, the PSC.
The Ministers also
updated the Government on their consideration of the DPC’s other findings relating
to the legal basis for the issue of the
PSC for transactions with bodies other than DEASP and the transparency of information provided
to people related to the PSC.
Following very careful
consideration of the report and having taken the advice of the Attorney
General’s Office the Ministers informed Government that they are satisfied that
the processing of personal data related to the PSC does in fact have a strong
legal basis, the retention of data is lawful and that the information provided
to users does satisfy the requirements of transparency.
On this basis the
Ministers believe that it would be inappropriate, and potentially unlawful, to
withdraw or modify the use of the PSC or the data processes that underpin it as
has been requested by the DPC.
Accordingly it is
intended, in line with decisions of successive Governments
dating back to 1998, to continue to operate the PSC and the SAFE 2 identity
authentication process on which it is based.
The Ministers acknowledge that the DPC has reached a different
conclusion but are satisfied based on their Departments’ consideration of the
issue and the advice received from the Attorney General’s Office that the
correct, and lawful, approach to take is to continue to provide, and support
the use of, the PSC not just by DEASP but by the other public bodies that rely
on it.
The Department of Employment Affairs and Social Protection has written to
the DPC this evening advising it of this decision. In doing this, and although
it is not the Government’s preferred outcome, it is acknowledged that it may be
necessary and appropriate for the matter to be referred to the Courts for a definitive
decision.
The Department is offering, together with the Department of Public
Expenditure and Reform, to meet with the DPC to clarify a number of matters and
to identify if, without prejudice to their position that the SAFE 2/PSC process
is compliant with legal requirements, there are steps that can be agreed that
could address the DPC’s concerns.
Minister Doherty commented:
“My Department together with the
Department of Public Expenditure and Reform and the Attorney General’s Office
have given very careful consideration to the DPC’s findings, and while we
respect the office and the good work it does, in this instance based on strong legal
advice, we cannot agree with the findings.
Contrary to some reporting on
this subject the PSC has not seen any mission creep. When it was first provided for by Minister
Ahern in 1998 it was clear then, as it is now, that it was to become and be
used as a key identifier for use across a wide range of public services.
It is our sincere and genuinely
held belief that social welfare legislation provides a strong legal basis for
the Department to issue PSCs for use by a number of bodies across the public
sector. Without the PSC process people would not be able to use a single
identity verification process but instead would be required to verify their
identity on multiple occasions with multiple agencies – a situation which would
make access to services more cumbersome for members of the public.”
Minister Donohoe commented;
“The PSC was always intended
not just, or even mainly, to reduce identity and welfare fraud but to
facilitate people in accessing public services in a streamlined manner without
the need to submit the same documentation and information over and over again. The
Attorney General’s Office advises that there is a clear legal basis for the
continued use of the PSC”.
With regard to publication of the report, the Department
of Employment Affairs and Social Protection intends to publish the report
immediately following further engagement with the Data Protection Commission. A
request for this further engagement was made in correspondence with the
Commission this evening.
Further information
Over 3.9
million PSCs have issued to date. This
includes replacement cards, renewals e.g. lost, stolen or expired cards. There are approx. 3.2 million people (c 89%
of the estimated adult population of the State) using the PSC, of which 2.5m
are beneficiaries of DEASP benefits and services.
Approximately
400,000 PSC holders use the PSC to verify their identity on MyGovID.ie to
access online services from the DEASP, Revenue, SUSI and shortly the Department
of Children and Youth Affairs.
Each week:
- Payments valued at approximately €150m are made via post
offices to over 600,000 people whose identity is verified, on each
occasion, by use of the PSC.
- Just under 600,000 free travel journeys are made using the
PSC.
- 1,500 (approximately) people over the age of 18 apply for
a passport for the first time using the PSC to avoid having to resubmit
identity data.
Earlier this year, a Customer Survey on the PSC was published. The survey, which looked at customer
satisfaction around the processes and procedures involved in applying for a PSC,
was undertaken independently on behalf of the Department by specialists in
customer experience consultancy. A representative sample of 1,001 PSC holders,
in terms of age and gender, were interviewed in December 2018.
The results showed that:
• 96% of
PSC holders surveyed were either very satisfied or fairly satisfied with the
process;
• Almost
9 out of 10 (87%) agree that it is very useful that other Government service
providers may be able to use the identity information already provided in
obtaining the PSC so as to avoid the need to provide the same information
again;
• Almost
9 out of 10 (88%) of those surveyed felt that they either had access to the
right level of information in respect of the SAFE/PSC process or had access to
more than they needed;
• Nearly
8 out of 10 people (77%) understand the requirement to retain personal
information and do not mind that their documents are retained
Details are
available here:
Since the DPC
announced its findings, there have been no reports of people returning their
PSCs nor has there been any reduction in the demand for PSC appointments.
ENDS