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Simon McGarr Profile picture
@Tupp_Ed
Nov 27, 2017 • 8 tweets • 3 min read • Read on X
If I might seek to provide some light relief from #GE17 snow clouds,

I FOI’d the Ministerial Agreement On Data Processing underpinning the #PSC and.. um, it was never signed by or on behalf of the Ministers.

And it also may have lapsed in Feb 2016.

mcgarrsolicitors.ie/2017/11/27/dat…
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.

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More from @Tupp_Ed

Simon McGarr Profile picture
Sep 16, 2018
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.
Read 25 tweets
Simon McGarr Profile picture
Sep 2, 2018
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.

kildarestreet.com/committees/?id…
Read 14 tweets
Simon McGarr Profile picture
Aug 6, 2018
I would prefer if Ronan Mullen lost his NUI Senate seat.

For that to happen, approx 7000 more NUI grads (UCD, UCC, Maynooth, NUIG, etc) would need to vote.

Here’s the form- you can email it in to elections@nui.ie

Tell your friends.

nui.ie/elections/docs…
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.

To register to vote: nui.ie/elections/docs…
Read 6 tweets
Simon McGarr Profile picture
Jul 12, 2018
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)

Read 27 tweets
Simon McGarr Profile picture
Mar 6, 2018
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.
You can read the grinding list of amendments that @aliceeire and others are proposing (and being resisted on) here: oireachtas.ie/documents/bill…
and more of it here: oireachtas.ie/documents/bill…
Read 32 tweets
Simon McGarr Profile picture
Feb 9, 2018
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?
Read 19 tweets

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