Social Welfare Act, 1998
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PART IV Administration of Public Service Data | ||
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Administration of public service data. |
14.—(1) The Principal Act is hereby amended by the substitution for section 223 of the following sections: | |
“Personal public service number. | ||
223.—(1) In this section and sections 223A, 223B and 223C— | ||
‘primary account number’, in relation to a public service card or a card issued under section 223B, means a number consisting of— | ||
(a) an issuer number, issued under licence from the International Standards Organisation, | ||
(b) a personal public service number, and | ||
(c) a card number allocated, in the case of a public service card, by the Minister or, in any other case, by the person who issued the card; | ||
‘specified body’ means— | ||
(a) a Minister of the Government, | ||
(b) a local authority (for the purposes of the Local Government Act, 1941 ), | ||
(c) a health board, | ||
(d) the Revenue Commissioners, | ||
(e) An Foras Áiseanna Saothair, | ||
(f) An Post, | ||
(g) An tArd-Chláraitheoir, | ||
(h) the Legal Aid Board, | ||
(i) the Garda Síochána and the Defence Forces in respect of their own members, or | ||
(j) such other person as may be prescribed; | ||
‘spouse’ means— | ||
(a) each of a married couple, or | ||
(b) a man and woman who are not married to each other but are cohabiting as husband and wife; | ||
‘transaction’ means— | ||
(a) an application, | ||
(b) a claim, | ||
(c) a communication, | ||
(d) a payment, or | ||
(e) a supply of a service, | ||
relating to public funds to or from a specified body which relates to a natural person. | ||
(2) The Minister may allocate and issue a number (in this Act referred to as a ‘personal public service number’) to each person who is the subject of any transaction with a specified body. | ||
(3) A person who has any transaction with a specified body shall furnish to the Minister such information, as may be prescribed, which is necessary for the allocation and issue of a personal public service number. | ||
(4) A person shall give to a specified body his or her personal public service number and the personal public service numbers of his or her spouse and children, where relevant, as required by that body for the purposes of the person's transaction. | ||
(5) In this section a reference to a personal public service number shall be construed as including a reference to a number known as a revenue and social insurance number. | ||
(6) A person, other than— | ||
(i) the person to whom the personal public service number refers, | ||
(ii) a specified body, | ||
(iii) a person who has a transaction with a specified body where the number is relevant to the transaction between that person and the specified body, or | ||
(iv) a person who is required to comply with the provisions of sections 221, 222 or regulations made thereunder, | ||
who uses a personal public service number or seeks to have a personal public service number disclosed to him or her shall be guilty of an offence. | ||
Public service card. | ||
223A.—(1) The Minister may issue a card (in this Act referred to as a ‘public service card’) to a person in such a format as the Minister deems fit, with— | ||
(a) the person's name, personal public service number, primary account number and date of issue inscribed, and | ||
(b) the person's date of birth, gender, primary account number, expiry date of card and card service code electronically encoded, | ||
thereon and with such other information either inscribed or electronically encoded on the card as may be prescribed. | ||
(2) A person may, on request in that behalf to the Minister, obtain within 28 days of such request, where practicable, information which is electronically encoded on his or her public service card. | ||
(3) A person shall produce his or her public service card at the request of a specified body for the purposes of a transaction. | ||
(4) A person who uses or attempts to use a public service card or seeks to have a public service card produced to him or her, other than— | ||
(a) the person who is the holder of the card or a person appointed to act on behalf of the cardholder, | ||
(b) a specified body, for the purposes of a transaction, or | ||
(c) a person who has a transaction with a specified body where the personal public service number on the card is relevant to the transaction between that person and the specified body, | ||
shall be guilty of an offence. | ||
Payment card. | ||
223B.—(1) The Minister may permit such information, as may be prescribed, to be either inscribed or electronically encoded onto a card, which is capable of being so inscribed or encoded, other than a public service card for the purpose of payment of benefit. | ||
(2) A person may, on request in that behalf to the Minister, obtain within 28 days of such request, where practicable, information which is inscribed or electronically encoded on the card to which subsection (1) applies and which relates to him or her. | ||
(3) A person who uses or attempts to use a card to which subsection (1) applies, who is not the holder of the card or a person appointed to act on behalf of the cardholder, for the purposes of obtaining payment of benefit shall be guilty of an offence. | ||
Sharing of information. | ||
223C—(1) In this section— | ||
‘data controller’ and ‘personal data’ have the same meaning as defined in section 1 of the Data Protection Act, 1988 ; | ||
‘information’ means any personal data or information extracted from such data; | ||
‘relevant purpose’ means— | ||
(a) for the purposes of determining entitlement to or control of— | ||
(i) benefit, | ||
(ii) a service provided by or under sections 45 , 58 , 59 and 61 of the Health Act, 1970 or regulations made thereunder, | ||
(iii) a payment under section 44 (3) of the Health Act, 1947 , | ||
(iv) an allowance under the Blind Persons Act, 1920 , | ||
(v) a grant awarded in accordance with regulations made under section 2 (as amended by section 3 of the Local Authorities (Higher Education Grants) Act, 1992 ) of the Local Authorities (Higher Education Grants) Act, 1968 , or | ||
(vi) legal aid awarded under the Civil Legal Aid Act, 1995 , | ||
or | ||
(b) for the purposes of— | ||
(i) making an assessment in accordance with section 9 of the Housing Act, 1988 , | ||
(ii) a letting in accordance with section 11 of the Housing Act, 1988 , | ||
(iii) the determining of rent or other payment in accordance with section 58 of the Housing Act, 1966 , | ||
or the control thereof. | ||
(2) A specified body holding information may share that information with another specified body who has a transaction with a natural person relating to a relevant purpose, where the specified body seeking the information provides the personal public service number of the person who is the subject of the transaction and satisfies the data controller of the specified body holding the information that the information requested is relevant to the transaction for the said purpose between the person and the specified body seeking such information. | ||
(3) A specified body may only seek information for the purposes of a transaction relating to a relevant purpose. | ||
(4) Where information shared between one specified body and another is found to be inaccurate, the specified body on making the discovery shall confirm with the person the correct information and advise the other specified body of the amended information. | ||
(5) A person who, other than for a transaction in respect of a relevant purpose, knowingly seeks or transfers any information held by a specified body relating to another, by using that other's personal public service number, shall be guilty of an offence.”. | ||
(2) The Principal Act is hereby amended by the substitution in section 4(5) (as amended by section 37 of the Act of 1996) for “111(2) or 115(2)” of “111(2), 115(2), 223(1), 223A(1) or 223B(1)”. |