Report of the Data Protection Commission on the Public Services Card
Published
Tuesday, 17 September, 2019:
The Department of
Employment Affairs and Social Protection has today published the report of the
Data Protection Commission (DPC) on the Public Services Card (PSC). The
Department has also published a comprehensive response to the findings of the
report as well as related correspondence between it and the DPC.
As stated earlier
this month, Minister for Employment Affairs and Social Protection, Regina
Doherty T.D. and the Minister for Finance, Paschal Donohoe T.D. both 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. This opinion was arrived at following very careful
consideration of the report and having taken the advice of the Attorney
General’s Office.
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 Department of Employment Affairs and Social Protection had offered,
together with the Department of Public Expenditure and Reform, to meet with the
DPC to clarify a number of matters of concern arising from the DPC’s report,
without prejudice to their position, that the SAFE 2/PSC process is compliant
with legal requirements. However, this offer was not taken up by the DPC.
Minister Doherty today commented:
“I am happy, in the interest of
transparency, to publish this report and to provide some further context by
also making available my Department’s response and correspondence related to
the report. While we respect the office of
the DPC, in this instance based on strong legal advice, we cannot agree with
the findings contained within this report.
“We have strong legal advice that
the existing social welfare legislation provides a robust legal basis for my
Department to issue PSCs for use by a number of bodies across the public
sector. My officials did seek to engage further with the DPC on this matter but
regrettably that engagement was not possible and therefore we are publishing
the report without any further delay.
“The PSC has been a
worthwhile investment in better public services - allowing people to access
public services in a streamlined manner without the need to submit the same
documentation and information over and over again. Without the PSC process
people 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. When surveyed, those using the card have
registered extremely high satisfaction rates.”
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. Over 1,000 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 of
this survey are available here.
The DPC has indicated that it now intends to
initiate enforcement proceedings. Given that these proceedings may fall to be
adjudicated in Court it would be inappropriate to make any further comment
beyond this.
The Report of the Data Protection Commission
(DPC) on the Public Services Card is available here and the Department’s response and
related correspondence can be accessed here.
ENDS