Government can’t be allowed ignore damning findings of data watchdog
THE State’s reaction to the Data Commissioner’s damning findings on the controversial Public Services Card should worry all who have concerns about privacy or government accountability. Last month, after a lengthy investigation, Irish Data Commissioner Helen Dixon issued a report on the roll-out of the cards. The findings were damning for the government and, in particular, for the Department of Social Protection.
Ms Dixon and her team found that there was no legal basis for a person to be forced to get the PSC for anything other than accessing welfare and that the State has no right to retain supporting documents provided during registration.
In addition, the report also raised serious concerns about the Department’s lack of transparency regarding the vast amount of personal data it has collected via PSC applications.
And the government’s response? It is simply going to ignore the report and press on with what it has been doing.
In a startling series of statements last week, Social Protection Minister Regina Doherty said that she, and the officials at her Department, don’t agree with Ms Dixon’s findings and so she won’t be doing anything at all to address them.
When this response provoked an understandably startled public reaction, the Department doubled down.
Not only did it disagree with Ms Dixon’s findings but – according to the Department – they don’t have any legal standing anyway.
Not only is this a breathtaking display of government arrogance but it completely undermines the office and the vital work of Ireland’s Data Commissioner.
Since the introduction of GDPR data protection rules last year, every EU member state has had to set up a public authority to monitor compliance with data laws. In many countries these offices are relatively small and have fairly limited responsibilities. The Irish case is very different.
Ireland is home to the European headquarters of several mega-corporations including – among many others – Google, Facebook, Apple, Microsoft, eBay and Paypal.
As a result, it is Helen Dixon’s job to monitor the European activities of the some of the world’s biggest companies who, between them, harvest, hold and profit from the data of billions of people worldwide.
In the age of Cambridge Analytica and ‘ fake news’, Ms Dixon’s role is critically important, not just for the citizens of Ireland but for the citizens of Europe and the world.
That the government feels entitled to belittle an office as important as the Data Protection Commissioner is not just astonishing, it is appalling.
That it comes at the same time the Government is in court trying to save Apple €14 billion in taxes makes it that little bit more repugnant.
The commissioner and the government are now set for their own court showdown and, whoever wins, the decision will have implications that go far beyond our borders.