Thought I’d give you a quick round up of where we are with the Public Services Card scheme. Because these things go in months or years long arcs, it can be helpful to take stock. #PSC
The #PSC project sees the Dept of Social Protection (DEASP) acting as joint Data Controller with the Department of Public Expenditure and Reform (DPER) over a database of citizen’s identity, called the Single Customer View.
The PSC is the card attached to that database.
At some point in the past, DPER decided it wanted a single ID card and database which would be used throughout the public service to gain access to services- and they preferred to call it a “Public Services Card”, instead of, you know, an ID Card.
Now DPER wanted this scheme, but needed DEASP to actually do the grunt work of getting citizens to give over their data and take a card.
That’s because this ID card scheme was never introduced to the Oireachtas and there was no law underpinning it.
And, if you ask me, THAT’s because when they did bring in a Law on an ID Card scheme in the U.K. it proved so unpopular the whole thing was scrapped.
No Law, no way to scrap the plan.
Sure, ‘tis genius that we are and no mistake.
Anyway, DEASP started using its leverage as the only source of income for significant numbers of people to call them to be carded and have a biometric image of their face taken.
The letters warned that failure to comply might result in your income being cut off.
Takeup was high, unsurprisingly, among those for whom losing social welfare payments would be catastrophic.
But then the project moved on. Universal benefits, like child benefit and pensions were threatened.
Remember, there’s no law underpinning this project. Just threats.
DEASP asserted that laws intended to simply confirm that people were getting the money that was theirs gave them the power to withhold any payment from anyone who- while happy to prove their identity- was not happy to be put in a database shared with the whole public service.
This finally erupted when one pensioner’s resistance made the front page of the Irish Times. DEASP has stopped her pension. She had been happy to prove her identity- had even been visited in her own home.
But she refused the #PSC unless it’s legal basis was shown.
As the #PSC had no legal basis, this proved a problem for the DEASP, so instead they cut off her pension and told her she’d never get it until she submitted and even then, she’d never get any backmoney.
She still refused (at personal cost, as far as she knew).
The Minister went out and explained that the card was Mandatory But Not Compulsory, a phrase which so perfectly expressed her Dept’s assertion of power without legal basis that it provoked a storm of attention.
The Dept quickly reversed itself, reinstating the pensioner’s payments, and paying her the backmoney they had spent months telling her she would never get.
But it was too late.
Because the problem with questions that aren’t answered is that they provoke even more questions.
And, so, the Data Protection Commissioner, having nodded along with the #PSC project pre-publicity, decided the whole thing needed to be investigated.
That investigation has gone on far longer than had been indicated originally.
We’ve had a leak to the Sunday Times -a draft report has been delivered to DEASP telling them that the whole ‘sharing data across the public service’ thing- the thing the plan was for, is illegal.
In the meantime, the DPER project to require people not reliant on social welfare to get #PSC cards by making them compulsory for everyday services like renewing a passport or sitting a driving test has been repeatedly reversed.
The NRA, who run the driving tests, were told to cancel the plan, after announcing it as a requirement and spending approx €20m on an online system that presumed everyone would have a #PSC.
The passport office quietly abandoned the requirement whenever the applicants had a Solicitor (usually @rossamcmahon ) wrote and asked for its legal basis.
So, just befor the new Oireachtas term starts, we can predict two things 1) the PSC project is about to become something everyone wants to explain was someone else’s idea. 2) DPER know by now that their plan to solve all this- the Data Sharing Bill- is illegal under EU law but...
Institutionally, if they don’t slam it onto the books as quickly as possible, it will have to be immediately conceded that the approx €65million spent so far on #PSC project joins E-Voting machines and PPARS as famous bonfires of money in pursuit of folly.
So, may I ask you a favour- if indeed you’re still here.
Please can you let your TDs know that you don’t like the Data Sharing and Governance Bill? Because, believe me, if the people following this account don’t do it, I don’t know who will.
Here’s the #PSC hearing by the Oireachtas Committee overseeing Social Protection. This has @ICCLtweet@liamherrick and @maeveorourke and me too- answering questions.
Today’s Sunday Times (um, [insert link to print paper]) reports that the DPC’s #PSC investigation report has found @welfare_ie’s claimed legislative power
“does not provide a sound legal basis to compel people to have a card to access other public services”
As the state cannot rely on consent (as any consent could not meet the requirement for being freely given, given the power imbalance), this- if it stands- would mean that all of the processing done without another legal basis would be in breach.
I gave evidence to the Joint Oireachtas Committee on Social Protection on 8th February this year, trying to warn of this self inflicted crisis.
I have blocked the Senator, previously. But this statement- attempting to defend a Bishop’s earlier statement by asserting not all unwanted sex is rape- is sufficiently telling to be worth spreading, as an example of why registering to vote is worthwhile.
This was the Bishop’s contribution to public discourse.
Bishops gonna bishop. But as an NUI Senator, Senator Mullen is taken to represent me (an NUI grad). I’d prefer it it were otherwise.
Neither the Minister for Employment and Social Protection, nor- it seems- the Secretary General of the Department appear to know what Biometric Data is.
This is concerning as the Dept is the largest processor of biometric data in the State, thanks to the #PSC card database.
What we can infer is that the Depts new Data Protection Officer (whoever she or he is) *does* know the definition of Biometric Data and so they put it in the Privacy Notice that they were processing it.
(That’s a thing you have to do now, per GDPR)
We know the Minister has asserted that the Dept of Employment and Social Protection doesn’t collect biometric data. At all. (Small video of just the most recent of those statements)
The Government has just lost on an amendment in Seanad proposed by @aliceeire to Data Protection Bill. They've called for a walk through vote. The amendment would limit the powers of Ministers to act, by ensuring doing so would only be where it was necessary and proportionate
Nope, reversed after a whip around of extra senators by the Gov side, and with the casting vote of the Chair.
Today, on and off, I have been reading the newly published Data Protection Bill, which is 132 pages long, being introduced via the Seanad, and needs amendments submitted by next Tuesday.
Unfortunately you can’t table an amendment that says “this is terrible”.
It is the worst.
I’m going to have to blog it over the weekend.
I think Section 54(3) a list of made up exemptions for the state not in the EU law that the State wishes had been in the Regulation *might* be the worst.
But then I think: What about Section 56(6) where the state wants to pretend it can exempt itself, or anyone, from anything it thinks is in the public good?
This is quite significant. Irish Water relied on their Schedule 5 status to collect PPS Numbers. (the same basis @welfare_ie used to justify DPER Processing data on their behalf.)
Then they had to destroy all those records when they couldn’t produce a Ministerial Agreement.
The 2014 Agreement starts off as an Agreement between Ministers (as you might expect).