26 September 2023

IRELAND: ‘Illegal’ PS card to stay

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IRELAND

The Irish Government says it is determined to stick by its controversial Public Services Card (PSC) — even in the face of the Data Protection Commissioner’s ruling that aspects of its use are illegal.

Minister for Finance, Paschal Donohoe and Minister for Social Protection, Regina Doherty issued a statement to go with the full report by the Data Protection Commissioner, Helen Dixon.

Ms Dixon said in her report that it was illegal to retain the data of the three million people who held a card.

She also found it was unlawful for the card to be demanded for access to public services other than welfare benefits.

However, Ms Doherty said the Government had strong legal advice that the existing legislation provided a “robust legal basis” for her Department to issue the cards for use by a number of bodies across the public sector.

“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,” Ms Doherty said in her joint statement with Mr Donohoe.

“It would be inappropriate, and potentially unlawful, to withdraw or modify the use of the Public Services Card or the data processes that underpin it.”

The Ministers said careful consideration was given to the report along with advice from the Attorney-General.

“As previously stated, the process of preparation of the enforcement notice is now under way,” the Data Protection Commission said.

Ms Doherty has said she had not addressed any of the eight instructions outlined in the report as the Government did not agree with them.

She said she was awaiting an enforcement order from the Data Protection Commissioner and could say no more until it was received.

Dublin, 20 September 2019

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