Social Welfare Act, 2000

Exchange of public service data.

32.—(1) The Principal Act is amended—

(a) in section 223(1) (inserted by section 14 of the Act of 1998) by the substitution for “In this section and sections 223A, 223B and 223C—” of “Subject to this section, in this section and sections 223A, 223B, 223C, 223D, 223E, 223F, 223G and 223H—”,

(b) in section 223C(1) (inserted by section 14 of the Act of 1998) by the substitution for the definition of “information” of the following definition:

“‘information’ means any personal data or information extracted from such data, whether collected before or after 5 February 1999.”,

(c) in the definition of “specified body” (as amended by section 27 of the Act of 1999) in section 223(1)—

(i) by the deletion in paragraph (k) (xxviii) of “or”, and

(ii) by the substitution for paragraph (l) of the following paragraphs:

“(l) the National Breast Screening Board,

(m) other than in sections 223A to 223C and 223E to 223H, the following—

(i) a recognised school or centre for education (within the meaning of section 2 of the Education Act, 1998 ),

(ii) a vocational education committee (within the meaning of section 7 of the Vocational Education Act, 1930 ),

(iii) an educational institution to which the Regional Technical Colleges Acts, 1992 to 1999, apply,

(iv) the Dublin Institute of Technology,

(v) a university to which the Universities Act, 1997 , applies,

(vi) the National Qualifications Authority of Ireland,

(vii) the Further Education and Training Awards Council,

(viii) the Higher Education and Training Awards Council,

(ix) a person who provides, organises or procures a programme of education or training,

or

(n) such other persons as may be prescribed;”,

(d) by the substitution in section 223C for subsection (5) of the following subsection:

“(5) A person who knowingly seeks or transfers any information held by a specified body relating to another by using that other's personal public service number, other than where the seeking or transferring of information is provided for under this Act or any other enactment, shall be guilty of an offence.”,

and

(e) by the insertion after section 223C of the following sections:

“Data exchange— provision of education.

223D.—Notwithstanding anything contained in any other enactment, a specified body may share such information, as may be prescribed, with the Minister for Education and Science where that Minister requires the information for the purpose of enabling him or her to provide education in accordance with section 6(b) of the Education Act, 1998 .

Data exchange — sharing of personal public service number.

223E.—(1) Notwithstanding anything contained in any other enactment, a specified body may share such information, as may be prescribed, with the Minister for the purpose of seeking from the Minister the personal public service number for each person in respect of whom the information is shared.

(2) Information received by the Minister under subsection (1) may be used by the Minister for the purpose of identifying the personal public service number for each person in respect of whom such information is received and for updating the Minister's own records in respect of that person.

(3) Where a specified body has sought a personal public service number under subsection (1) in respect of a person, the Minister may share such information, as may be prescribed, in respect of that person with that specified body for the purpose of giving that specified body the personal public service number relating to the person.

Data exchange — health provisions.

223F.— Notwithstanding anything contained in any other enactment, a specified body may share with another specified body information relating to a person using that person's personal public service number, where that information, other than the personal public service number, is being shared in accordance with the Health (Provision of Information) Act, 1997 .

Data exchange — rented accommodation.

223G.—(1) Notwithstanding anything contained in any other enactment, the Minister may share such information, as may be prescribed, in relation to—

(a) a house let for rent,

(b) a landlord or his or her agent of a house let for rent, or

(c) a tenant of a house let for rent,

with a local authority for the purposes of—

(i) assisting a fire authority (within the meaning of the Fire Services Act, 1981 ), in the exercise of its functions under that Act, or

(ii) assisting a housing authority (within the meaning of section 23 of the Housing (Miscellaneous Provisions) Act, 1992 ), in the exercise of its functions under sections 17, 18 and 20 of that Act,

in relation to that rented house let for rent, that landlord or his or her agent of a house let for rent or that tenant of a house let for rent.

(2) Information received by a local authority under subsection (1) may be used by that local authority for the purposes specified in subparagraphs (i) and (ii) of that subsection.

(3) In this section—

‘house’ has the meaning assigned to it by section 1 of the Housing (Miscellaneous Provisions) Act, 1992 ;

‘local authority’ has the meaning assigned to it by the Local Government Act, 1941 .

Data exchange — correction of inaccurate information.

223H.—Where the information shared between one specified body and another under sections 223D, 223E, 223F or 223G 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.

‘information’.

223I.—In sections 223D, 223E, 223F, 223G and 223H ‘information’ means any personal data or information extracted from such data.”.

(2) The amendment effected by paragraph (e) of subsection (1) applies to information used for the purposes of section 223D, 223E, 223F or 223G of the Principal Act whether collected before or after the coming into operation of the provision concerned.

(3) This section shall come into operation on such day or days as the Minister may appoint by order or orders generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.