Data protection watchdog asks for answers on legal basis for public services card

The Department of Social Protection has been challenged by the data protection watchdog to set out the legal basis for the public services card (PSC).

It follows warnings from privacy law experts that Ireland is sleepwalking towards a national identity database and identity card “in all else but name”.

In a statement, the Data Protection Commissioner said: “While a framework to authenticate identity for individuals availing of State services is an entirely legitimate government policy choice, transparency to the public on the underpinning legislative provisions, what data is being collected, for what purpose, and with whom data may be shared and for what purpose, needs to be adequately addressed.”

The commissioner said the Department of Social Protection has been asked to “publish a comprehensive FAQ to fully clarify all of the arrangements, procedures and legislative provisions relating to PSC”.

It will have to set out how “the legislative provisions set out in the relevant Social Welfare Acts, which have been cited to the Data Protection Commissioner as the legal basis for the PSC, provide a robust legal basis for what is now being implemented across the public sector, beyond public services provided by the Department”.

The commissioner will also continue “to assess developments in respect of these matters and will assess the Department’s response to the FAQs which we expect will be published imminently”.