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Irish Mirror
Irish Mirror
National
Ailbhe Daly

'Serious questions' about Public Services Card for Minister Regina Doherty as Government found to have broken data law

There are serious questions to be answered by Social Protection Minister Regina Doherty after the data protection watchdog found her department has broken the law over the Public Services Card, an opposition TD has said.

Sinn Fein’s Spokesperson on Employment Affairs has called on the Minister for Employment Affairs and Social Protection to explain why the Public Services Cards were used for things outside of their intended purpose.

And Data Protection Commission has said that the PSC is necessary for claiming social welfare - and nothing else.

Sinn Fein TD John Brady said: “The Data Commissioner has made its findings crystal clear - there is no legal obligation for any person to have a Public Services Card to access anything other than a social welfare payment.

The Public Services Card (welfare.ie)
Fine Gael's Regina Doherty speaking to the media as the counting of votes continues in the European Parliamentary Elections at the RDS in Dublin (Niall Carson/PA Wire)

“It found that by law, the only Department that can insist on people having a card is the Department for Employment Affairs & Social Protection.

“The Data Commissioner’s report must be published in full within the next seven days as promised.

“Following that, Minister Doherty has serious questions to answer.”

The PSC was rolled out in 2011 in a bid to combat social welfare fraud.

It was to be a card with the holder’s name, photo and PPSN on it that could be used when they identified themselves to claim social welfare benefits.

Minister for Public Expenditure and Reform, Paschal Donohoe, TD after registering for a Public Services Card with the Department of Social Protection at the Public Services Card Centre, D’Olier Street, Dublin (Gareth Chaney Collins)

However, the usage broadened and it is now used for numerous public service transactions, including replacing lost or stolen passports, driving licence applications and more.

As well as this, dozens of public service organisations now have access to the information on the cards.

Fianna Fail spokesperson on Employment Affairs, Willie O’Dea, slammed the findings.

He said: “While the principle of the card has merit, the legal and transparency issues were never addressed by the government.

“In fact, time and time again, Minister Doherty and her cabinet colleagues dismissed these concerns.

“This report must be published immediately so that the full findings can be examined.

“I am calling on Minister Doherty not to delay its publication and to issue a statement on the findings as a matter of urgency.”

The DPC has given the department three weeks to stop all processing of personal data where the card is being issued to be used between the holder and a public body outside of the department.

As well as this, the department will have to contact third parties to tell them that the PSC can no longer be used as a pre-condition for a service as they can no longer issue these cards for any other reason.

The DPC has also warned that if the measures aren’t brought in, the department will face an enforcement notice, which if not complied with can lead to a criminal prosecution in court.

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