PAC to seek clarity on biometric data on public services cards

Last year, the  secretary general of the Department John McKeon told the Committee that “there is no biometric information on the card”.

The Public Accounts Committee (PAC) is to request “clarification” from the head of the Department of Social Protection regarding contrasting answers on the biometric nature of the Public Services Card (PSC).

Social Democrats TD and PAC vice chair Catherine Murphy wrote to the committee in late April noting contradictory comments made on the PSC by senior figures at the Department of Social Protection. 

Last year, the  secretary general of the Department John McKeon told the Committee that “there is no biometric information on the card”. 

“We do not capture biometric information. What we do is generate it from a photograph which is stored on the Department’s systems.”

However, last month Minister for Social Protection Heather Humphreys told Ms Murphy that “the processing of biometric data has been an essential component” of her Department’s welfare registration process since it began in 2011.

In her letter to the PAC, Ms Murphy noted the “contrary” nature of those two statements.

Social Democrats TD and PAC vice chair Catherine Murphy wrote to the committee in late April. Photo: Gareth Chaney/ Collins Photos

Considering the matter, committee chair Brian Stanley agreed that there is a “clear difference between the two answers given”, with the PAC subsequently agreeing to request clarification from the Department as to what manner of data is held by the card.

Biometrics relate to data that can identify a person by their physiological characteristics, such as a photo or a fingerprint. Every Public Services Card contains the photograph of the individual in question.

Under GDPR, biometrics can only be processed in order to identify people if there is a specific legal basis in place to that end.

The Data Protection Commissioner (DPC) first initiated an investigation into the biometric nature or otherwise of the card in late 2017, and had been expected to publish that report before the end of 2019.

However, the report was delayed by a legal challenge at the time by the Department against separate findings of the Data Protection Commissioner that the Public Services Card is illegal in all cases other than that relating to welfare payments.

Given that case finally settled in December of 2021, the way appears clear for the biometrics investigation to finalise. However, it’s unclear when its report will fall due.

Should the biometrics investigation find against the card, the legality of its very existence would likely be called into question once more.