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Gnáthamharc

Data Protection

Dáil Éireann Debate, Tuesday - 16 June 2026

Tuesday, 16 June 2026

Ceisteanna (370)

Albert Dolan

Ceist:

370. Deputy Albert Dolan asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation further to Parliamentary Question Nos. 337 of 24 June 2025 and 492 of 18 March 2026, whether it is his Department’s position that the Government, the Department, or the Office of Government Procurement does not currently have a lawful basis under the GDPR and the Data Protection Act 2018 to collect and process the actual procurement payment data from public bodies for the purposes of public procurement reporting, expenditure analysis, transparency, aggregation of public spend, and policy development; if so, if he will identify the specific statutory or legal deficiency that prevents such processing; and if he intends to remedy it through legislation. [45549/26]

Amharc ar fhreagra

Freagraí scríofa

Following receipt of legal advice from the Chief State Solicitor’s Office (CSSO) in July 2021, it was accepted that there was not, at that time, a sufficiently clear and robust lawful basis for the routine collection and processing by the Office of Government Procurement (OGP) of certain procurement payment data from Public Service Bodies where such data could contain personal data. That advice identified deficiencies in the legal clarity and foreseeability underpinning inter-public-body data sharing, particularly in respect of bodies outside central government.

Since that advice issued, the OGP and the Department have engaged with the CSSO and the Office of the Attorney General, and internally with the Department’s Data Protection Officer (DPO) and the Data Governance Unit in the Office of the Government Chief Information Officer (OGCIO) — the unit responsible for data policy and implementation of the Data Sharing and Governance Act 2019. This engagement has focused on addressing the issues identified and on placing the collection and use of procurement spend data on a more explicit and defensible legal footing, including consideration of the interaction between the GDPR, the Data Protection Act 2018, the Ministers and Secretaries (Amendment) Act 2011, and the Data Sharing and Governance Act 2019.

In December 2025, further correspondence confirmed that, subject to appropriate governance, transparency and data-sharing arrangements, procurement spend data could again be collected and processed on the basis of Article?6(1)(e) GDPR, with the act of data sharing between public bodies to be underpinned by formal Data Sharing Agreements in accordance with the Data Sharing and Governance Act 2019.

Work is now progressing to implement this approach. This includes the preparation of Data Sharing Agreements with relevant public bodies, the establishment of the necessary governance arrangements, and phased engagement to enable lawful, transparent and proportionate data sharing.

Roinn