c? Roinn Caiteachais Phoibli agus chchoirithe 7 December 2018 Mr Ken Foxe ken@righttoknow.ie Re: FOI Request - Dear Mr Foxe I refer to your request of 14 November 2018 made under the Freedom of Information Act, 2014 where you sought records in relation to: capies of any records discussing whether the government would continue to publish details of pensions paid to former officeholders, ministers, etc due to concerns over GDPR. This request to cover period 1 January 2018 to date of receipt of this request. Searches of any relevant private email addresses and/or messaging services should be considered when processing this request. I, as the Deciding Officer, have now made a final decision to part grant your request on 7 December 2018. This letter explains the response to your FOI request in the following parts: 1. A schedule of all of the records covered by your request; 2. A statement of how you can appeal this decision should you wish to do so. 1. Schedule of records A schedule is enclosed with this letter which shows the documents that the Department of Public Expenditure and Reform considers relevant to your request. 2. Rights of appeal Under the FOI Acts, I am required to inform you that if you are not satisfied with this decision you may appeal in writing to the Freedom of Information Unit, Department of Public Expenditure and Reform, Upper Merrion Street, Dublin 2. You must make this appeal within four weeks from the date of this notification (the making of a late appeal may be allowed in certain circumstances). The appeal process, which is known as internal review, will involve a complete reconsideration of the matter by a more senior member of the staff of this Department. The decision on the internal review will be given within 3 weeks of receipt of your letter. Please note that there is a fee of ?30 for making an appeal or ?20 for medical card holders. The fee, which should accompany your appeal, can be paid by way of electronic fund transfer to the Accountant, Department of Public Expenditure and Reform. Tithe an Rialtais, . - . Sraid Mhuirfea'n Uacht. +353 1 676 7571 Baile ntha Cliath 2. . +353 1 678 9936 002 R583. Eire. 1 Publication All non-personal FOI requests will be recorded on an disclosure log which will be published on the Department of Public Expenditure and Reform website in due course. Should you wish to discuss this matter further please do not hesitate to contact me on (01) sea-orbvemanat? Yours sincerely, Helen Codd Corporate Support Unit FOI Reference: - Schedule of Records: Summary of Decision Making Department of Public Fxpenditure and Reform Rn Roinn Caiteachais Phoibli agus Fithch?irithe Record Date of Record Brief description No. of Decision: Section of Act Record Edited/Identify Deletions No page(s) Grant/Part if Applicable Grant/Refuse 1 29/06/2018 Email from DFIN Compliance 1 Part Grant Section 37(1) Personal Information Officer to DPER Corporate Office 2 10/07/2018 Email from DFIN Exchequer 2 Part Grant Section 37(1) Personal Information Section to DFIN Compliance Officer and DPER Corporate Office 3 10/07/2018 Email from DPER Corporate 2 Part Grant Section 37(1) Personal Information Office to DFIN Exchequer Section 4 10/07/2018 Email from DFIN Exchequer 3 Part Grant Section 37(1) Personal Information Section to DPER Corporate Of?ce 5 17/07/2018 Email from DFIN Exchequer 3 Part Grant Section 37(1) Personal Information Section to DFIN Compliance Of?cer and DPER Corporate Of?ce 6 17/07/2018 Email from DPER Corporate 4 Part Grant Section 37(1) Personal Information Of?ce to DFIN Compliance Of?cer 7 18/07/2018 Email from DPER Corporate 1 Refuse Section 31 Legal Professional Privilege Office to DPER Legal Adviser (1) 8 18/07/2018 Email from DPER Legal 2 Refuse Section 31 Legal Professional Privilege Adviser to DPER Corporate (1) 'I'iilu- \n Riailmis. Buildings Sr?id I Merrion +353 I 676 75?] Built: Alhu (Tlailh 2. Dublin 2 353 678 9936 002 K583. Eire. [)02 R583. lrcluml. Office I 9 18/07/2018 Email from DFIN Exchequer Part Grant Section 37(1) Personal Information Section to DFIN Exchequer I 10 I 18/07/2018 Email from DFIN Exchequer Part Grant Section 37(1) Personal Information Section to DFIN Compliance Section 11 06/11/2018 Email from DPER Press Office Part Grant Section 37(1) Personal Information to DPER Corporate Of?ce 12 06/11/2018 Email from DPER Press Office Part Grant Section 37(1) Personal Information to DPER Corporate Office Signed (Deciding Officer) Date 312mg Helen Codd From: Colm O'Neill Sent: 29 June 2018 10:11 To: Helen Codd Cc: Finance Compliance Officer; David Feeney; Finance Compliance Officer, Benny Molloy; Karen Cullen; Mary McSharry Subject: GDPR - publication of pension amounts to former office holders on DFIN website Hi Helen It has been brought to my attention by the Department?s Accounts/Exchequer/PMG Section that the D/Finance publishes the information (which contains personal data) contained in this link on its website. I understand that DPER is the controller of this information and the DzFin processes the data publishes this information). As such, article 28 of the GDPR refers. Appreciate if we could have a chat about this publication given that it identifies individuals I?m not aware of the legal basis for processing this personal data. Even if the names of the individuals were anonymised, it wouldn?t be that difficult to identify the former office holders if compared with last year?s publication. I?m at meetings most of this morning but will catch you later. Thanks Regards Colm Colm O'Neill lHead of Compliance] Data Protection Officer I Department of Finance, Government Buildings, Upper Merrion Street, Dublin 2 002 R583 Direct: Mobile: Website: ?nance. gov. le lulu? up an . lhe Informanon contained .n this emu.? land in an? attachment? is car?fidentlal and IS dE?SanOtc?d solely for Iii-J attennon and use of the Intended reCIplenNs). If you are not an Intended maple/it of this email, must not use, disclose, copy distribute or retain this message or any part of? lf you have received the; 9/770}! erfOI, please noafy me immediately and delete all comes of you! computer system(s). Please note that (his email and any reply thereto may be subject to a tequesr for release pursuant to the Freedom of Information Act. la an [haisnels am so rlomhphost seo {agus can cheanga/tam) foo: Ian agus is don fharghreolr/do na farghreoirlbeartalrhe agus e/Iad sm amham. Mura tusa a'i faighrecn beartairhe, m?or cheart out an teachzav'eocht sea can :liuld dia a nochrca?h, mulbeml a nn? 0 chain/18ml. So was gm ear-raid 0 :u an rlomhpliost sea, rabhan'fo'gra dam loirhreach fool agus scrlos gach corp den n?omhphost sec: 0' do T-thcu foo: dearo go bl?feaafaidii an nomhphost seo crgus aon {hreagra av bheltn {not "elr unalal? or a gig/amt de bbun an Achta um Shoo/"H Helen Codd From: Benny Molloy Sent: 10 July 2018 15:45 To: Colrn O'Neill; Helen Codd Cc: Finance Compliance Officer; David Feeney; Finance Compliance Officer; Karen Cullen; Mary McSharry Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Colm, Helen, Any update on this for me? Benny Molloy lAccounts/Exchequer/PMG Banking I Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. Offaly R35 W7A4 Direct: Website: [j twin-if Tris cont-sic 3c! :7 Bil/Nd! [and in at}. .5 c?an-?idenrial and IS dealgm-J?e-n scan/for 11.13' a: 9.11:1 you exist ro-f use. flaw-353, 3? a - ""9339 c: '3 'i . loo $7-1m ?3 :?mmIm error. ale-3.79 We immediately and defers cages 3 9' 3? "5 .:nv 2,03); there-f; may :3 nine: >3 4: release 3-1 :3 (in: Freed-:21 :icz?. on firsusn?s . 7 - 3 :39 {Hg-i: no.3 r12." rig-:15 :3 Jon rare, Secs/aw.? 5 ea? 5" "er?vi 33 7 er +27avid-72:277. r: sin 593, fc?gra 3.345 5.: :2 co?io at: rec: 73:23:: :?earc. an rumba-45? 2:3- "72:52". 573;": .- .733". :1 .1 From: Colm O'Neill Sent: 29 June 2018 10:11 To: code Cc= iinance Compiiance O?icer David iecnev Finance Compiiance Officer Benny Mciiov Karen Marv Mcsnarw Subject: GDPR - publication of pension amounts to former of?ce holders on DFIN website Hi Helen It has been brought to my attention by the Department?s Accounts/Exchequer/PMG Section that the D/Finance publishes the information (which contains personal data) contained in this link on its website. ncegov. id-to- I understand that DPER is the controller of this information and the DzFin processes the data (Le. publishes this information). As such, article 28 of the GDPR refers. Appreciate if we could have a chat about this publication given that it identifies individuals I?m not aware of the legal basis for processing this personal data. Even if the names of the individuals were anonymised, it wouldn?t be that difficult to identify the former office holders if compared with last year?s publication. I?m at meetings most of this morning but will catch you later. 1 Thanks Regards Cohn Coim O?Neill [Head of Compliance/ Data Protection Officer I Department of Finance, Government Buildings, Upper Merrion Street, Dublin 2 D02 R583 I Direct: iWobHe: Website: E: VLA - J-Jin-Lf lam ?our content?? a: milder raga; . . 21feacm-nrectm 3.20 rm non mu .i .-. LGC..U :7 3 Helen Codd From: Helen Codd Sent: 10 July 2018 15:51 To: Benny Molloy, Colm O'Neill Cc: Finance Compliance Officer; David Feeney; Finance Compliance Officer, Karen Cullen; Mary McSharry Subject: RE: GDPR publication of pension amounts to former office holders on DFIN website Benny Colm and I haven't had a chance to catch up on this yet will try to do so in the morning. My initial view would be that unless someone can identify a lawful basis to publish the data it shouldn?t be published and anything up already should be removed. Colm maybe we could try and catch a few minutes in the morning on this ?you might let me know your availability after which we can get back to Benny. Regards Helen From: Benny Molloy Sent: 10 July 2018 15:45 To: Coim O'Nem ?HeIen Coon Cc: Fmance Compliance Of?cer David Feenev Fmance Compliance Of?cer Karen Cunen Merv Mcanopy? Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Colm, Helen, Any update on this for me? Benny Molloy lAccounts/Exchequer/PMG Banking Department of Finance, Unit 2, Central Business Park, Clonmr'nch Rd, Tullamore Co. Offaly R35 W7A4 I Direct: Website: inance. ov._ig atria. The information contain-3d ir- this email (and in any attachments) l5 confidantca/ Gnu designatea sale/y jar {he attention can use of the :wrervied refac'tic?nff? if you are mt an intended/20.3 eat :fmx emcu?, you must ctc.? use, dist/cw, (0:37, dist: base or retoir #115 message or any part afzr. have received ThiS err-ail in e/ros, olease not/[y me immediatei/ and dei'cte all copies of this en?ai'lfrom y'm/ compute: system?). Please note that rhic email and any reply thereto may be subject :0 a requesrfor tine freedom of/nmimotiori ri- L. Ta? nnfhasnas ata? st, seo (aqus m. (Wanna/tam) jaor ran agus is don pa faignmoirfbeanaitne aga; a/i'ad 3m amr?mm. Mum :Jsa anfalghteoii bea-?taithe, ni'ur {heart (:?uit an tmciitaireacht ma aon ciruia d: a 4555-10, a 'iochtadh, ri (lic?igeafi, a dho,leadh r-g a c'minnadil So ch53: gur (r5 earra? aft/GU (Li sec, rcb?iair dgra dam lairlrreat/i [210: 5m Ggus s:"ics garb caip d5?: n?amhahost sec 0' (IO Hoth/?idf?f/IB, Tabhaii foo." deara go bhf?odfa/dh an rfonn?mhasr seo ages aan jhreag/a air b/lL?If/l faa/ tarraidi?i or a s?ismmr dc 5h Jn an AL/ita um 5hcoc?an? r713?8?53 From: Colm O'Neill Sent: 29 June 2018 10:11 To: HelenConn? Cc= Finance Compliance Of?cer David neenev 1 Finance compliance Of?cer Benny Moiiov KarenCunen?Marv Mcsnarw? Subject: GDPR - publication of pension amounts to former office holders on DFIN website Hi Helen It has been brought to my attention by the Department?s Accounts/Exchequer/PMG Section that the D/Finance publishes the information (which contains personal data) contained in this link on its website. Statement-?pensions-gaid-to- I understand that DPER is the controller of this information and the DfFin processes the data publishes this information). As such, article 28 of the GDPR refers. Appreciate if we could have a chat about this publication given that it identifies individuals - I'm not aware of the legal basis for processing this personal data. Even if the names of the individuals were anonymised, it wouldn?t be that difficult to identify the former office holders if compared with last year?s publication. I'm at meetings most of this morning but will catch you later. Thanks Regards Colm Colm O?Neill lHead of Compliance Data Protection Officer I Department of Finance, Government Buildings, Upper Merrion Street, Dublin 2 002 R583 Direct: Mobile: . . Website: "Twitter" The information contained in this email (and in any attachments) is confidential and is designated solei?yfor the attention and use of the intended Ic?cipientlS). If yeti are not an :ntended recipient of this email, you mast not use, disclose, copy, distribute or retain this message or any part of it. if you have received this email in error, please notify me immediately and delete all copies of this email from your computer system(s}. Please r-ote that this email and any reply thereto may be Subject to a requeStfor i'eiease puisuant to the Freedom of information Act. To an haisne'is aid 50 ri'othhOSi? ?90 .?ng.is in aon cheangaltain) faoi agus is don .ia favghteom? beartaithe agus ?/iad sin amha'in. Mara tusa an ftiighteoirbeartaithe, ni?or cheart duit an teachtaireacht sea in) aon amid the Usaid, a nochtadh, a cho?ipea?il, a dho'ii'eadh no a chomnea'i'i. Sa gur tri'eari?aid a fuair ti} on ri'omhphost sea, tabhair fogra dom Iaithi?each faor sin agus scrios gach coip den ri'omhohcst sea a do riomhchora(i)s Tab/ioir faoi deara go bhfe?adfaidh an ri'omhphost seo agus aon flireagra air bh eith faoi i'e'ii' iarraidh or a eisimnt de bhun an Ach ta um Shaorai! Faisn?ise Helen Codd From: Benny Molloy Sent: 10 July 2018 15:52 To: Helen Codd; Colm O'Neill Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Benny Molloy [Accoun ts/Exchequer/PMG Banking I Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. Offa/y R35 W7A4 I Direct. a" Website: v_'w finance. age/ii:- "73' 5 A .1 ~17I'l7Prv-v? llan?" . lf? . D?rf?attic . From: Helen Codd Sent: 10 July 2018 15:51 To: Benny Molloy Colrn O'Neill cc: clnancc Comnllance Of?cer ?oavld neenev Flnance Comnlance Of?cer Keren Cullen Marv McSharw? Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Benny Colm and haven?t had a chance to catch up on this yet ?will try to do so in the morning. My initial view would be that unless someone can identify a lawful basis to publish the data it shouldn?t be published and anything up already should be removed-mux. .C. ilu.? .. i . I (elm maybe r? "7 an" "ar?hlS l' 31? l? n? your availabili after which we can get back to Benny's Regards Helen. From: Benny Molloy Sent: 10 July 2018 15:45 To: Helen Codd Cc: Finance Compliance Officer David Feeney Finance Compliance Officer Karen Cullen Mary McSharrv Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Coim, Helen. Any uodaie on this for are? Benny Molloy [Accounts/Exchequer/PMG Banking Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. Offaly R35 W7A4 . 4" WebSIte. ?178068.120 i? . ti~- .- -- -.., -.-, v.--.. a- k1) I'94137. 7 3' a: 7? 7? 1?33 :37" If: A "5 I ?Caip '57- - 35.1 .707.L3.7- I t, 179;?) -M-.- From: Colm O'Neill Sent: 29 June 2018 10:11 To: Helen Codd Cc: Finance Compliance Of?cer David Feeney Finance Compliance Officer Benny Molloy Karen Cunen Marv McSharrv Subject: GDPR - publication of pension amounts to former of?ce holders on DFIN website Hi Helen it has been brought to my attent on by the Department? Accounts/Exchecuer/PMC Section that the D/Finance publishes the information {which contains personal data) contained in this link on its website. )17 J7 ?Fiaance-understand that DPEP. is the con ref this information and the processes t..e 'ata iie. publishes this information} As such, article 28 ofthe GDPR refers Appreciate if we could have a chat about th=s publication given that it identifies individuals - I'm not aware of the legal basis for processing this personal data. Even if the names of the individuals were anorzymised, it wouldn?t be that difficult to identify the 50 me: orfice . .olders if compared with last y'ear publica tion. i?m at meetings most of this morning but will catch you later. Thanks Regards Colm Colm Neill iHead of Compliance Data Protection Officerl Department of Finance, Government Buildings, Upper Merrion Street, Dublin 2 002 R583l Direct: Mobile: Website A nu.) I a Helen Codd From: Benny Molloy Sent: 17 July 2018 17:01 To: Helen Codd; Colm O?Neill Cc: Finance Compliance Officer; David Feeney; Finance Compliance Officer; Karen Cullen; Mary McSharry Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Helen, Calm, Any finai decision or this for reconcile to legislation where the information weald normally be releasable? My understanding is He: jinimv Maxie-e! forwarded advice to Coin: an this issue s-s'rie years ago -do we now need sin*ilar advice? Benny Molloy lAccounts/Exchequer/PMG Banking I Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. O?aly R35 W7A4 Direct: Website: alww?fingqcegovge ?:3th . -..- -- - -.. - .: - i.'.1run. 5" a .-.,?fv . 2 - 4.11From: Helen Codd Sent: 10 July 2018 15:51 To: Benny Mouov Coim O'Neil Cc: Finance Compliance Of?cer David Feeney Finance Compliance Officer Karen Cullen Mary McSharrv? Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Benny Colm and baa-en". had a chance to catch up on this yet wit! try to do so in the morning. My initiai View would be that unless someone can identify a lawfui basis to publish the data it shouidn?t be published and anything up already should be removed. Coim - mavbe we could I. and caz h. a fwe minutes i: the mornin On this wow miSht iet me know you? ayailabilit 3 . a . after which we can ge. Regards Helen From: Benny Molloy Sent: 10 July 2018 15:45 To: Colrn Helen coed Cc: Finance Compliance Officer David Feeney - Finance Compliance Officer Karen Cullen ?Maw Mcsnanv Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Colm. Helen, Any update on this for me? Benny Molloy [Accounts/Exchequer/PMG Banking Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. Offaly R35 W7A4 Direct: . Website: 191-.) .431?'..-- --, ?HrFrom: Colm O'Neill Sent: 29 June 2018 10:11 To: Helen Coed Cc: Finance Compliance Officer David Feeney Finance Compliance Officer Benny Molloy Karen Cullen f?f?lioj new? I 371:" - 7111-17.? 915-.. "7-173;. .32. ?j'JalS 9731:0117. :?xlura any-1.9 cat ache 5:721 -. ?30; 1- aired-:-.. .-.. .. .- - .7 1- sir-~11. -.-.1 sea, . do. .3..- . r?hnr. r? r? 3. ., ja-IJ .1: 101Cl? sou-7 --.-7 mi) 19313.- Helen Codd From: Benny Molloy Sent: 18 July 2018 14:58 To: Karen Cullen; Jimmy McMeel Cc: Helen Codd; Muireann McGarry; David Feeney; Mary McSharry; Colm O?Neill; Edward Kearney Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Karen, thought he was due back 30?h July? Our intention, as flagged to the Secretary General and the Minister was to publish the Finance Accounts and related material on I can hold off publishing the pen5ions material until such stage as we know where we stand vis a vis GDPR. Benny Molloy lAccounts/Exchequer/PMG Banking Department of Finance, Unit 2, Central Business Park, CIonminch Rd, Tullamore Co. Offaly R35 W7A4 Direct: . Website: Myf?ancegov?ie; - any?ned :03 rim" .1 4 a 2?79 ~57? ?u ustre?5-3 2' .7 .: 17-7, 3.- 3 73.75""; unveil-ire}; 570-; 32.9 :1 :5 :7 7 sins-en's; 913175575? 7 7 7 a" 7:7. 433' 3- i: 7 .737. .3: 7 5 1 -.7i 7 71?: "5.773 257.296 7' 7 9:7- fin} 1.75: '5 77.71723? :3 :37 3 .7315 3.4773 7?17 Ali/n7 ami- CF f5 .7: an inc-?7 er} 3-9.3 5.17:9: .--.7-. :i'7 . 43-44. ,7 -: SJ: 7 3. Jeri ri._ 7113/7. 3: :51: a a i {21.77 r-cnir'iruiesr 333' a 7-:7 . :rv .--. -: 35.47 73731,? I- 3 3 From: Karen Cullen Sent: 18 July 2018 14:55 T0: Jimmy Subject: Re: GDPR - publication of pension amounts to former office holders on DFIN website Benny Colm is on annual leave at the moment but is due back next week. He has the DP quali?cations and I'd like to speak to him next week on this. Can it wait til then? Regards Karen Cullen Department of Finance tel- Original Message From: Jimmy McMeel 1 I Date: Wed, 18 Jul 2018, 14:52 lee Benny Melley cc: Helen Cede Subject: RE: GDPR - publication of pension amounts to former of?ce holders on Dll?lN website I should have also said that while the advice concerned the data protection dimensionreferred to, was the previous reginre i.e before the directly applicable GDPR came in to being. Jimmy Fromzlimmy McMeel Sent: 18 July 2018 09:56 lee Benny Mellev Subject: RE: GDPR publication of pension amounts to former office holders on DFIN website Benny lhe adVlce (attached) was in the cortext ofan request re T8.S not pensions Jimmy From: Benny Molloy Sent: 18 July 2018 09:25 Subject: FW: GDPR - publication of pension amounts to former office holders on DFIN website Jimmy, Do you have a copy of the previous legal adVice on the publication of the pensions data that I could forward to Helen? Benny Molloy /Accounts/Exchequer/PMG Banking Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. Offaly R35W7A4 Direct: Websuemen/ca.? me i I i i quash], 0.1.. 331? .zailtoe - .39-7- a "itjar-301 From: Helen Codd Sent: 17 July 2018 18:55 in nnance Compliance Of?cer Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Muireann Colm emailed me on 29 June regarding this advising that he wanted to talk about same. He advised that day that he was tied up in meetings that morning and would contact me later in the day. On 10Ju y indicated that my initial view would be that unless someone could identify a lawful basis to publish the data it shouldn?t be published and anything up already should be removed Additionally I asked Colm if we could try and catch a few minutes on the 11 July to discuss I asked Colm to let me know his availability for the 11 July after which we could get back to Benny but I have not heard anything since I haven?t seen the legal advice previOusly provided to Colm regarding to which Benny refers, this might be useful. It may be that legal advice would be required but again as I stated on 10 July, while there may well be a lawful basis to process the data, unless someone can identify a lawful basis to publish or valid reason to publish I would be wary to do so. What applied before 25 May and what applies now are two very different things. If someone can let me have a copy ofthe legal advice previously supplied to Colm, I will have a look at that and discuss with the legal adviser and get back to you all. Regards Helen From: Finance Compliance Officer Sent: 17 July 2018 17:28 no=nelenCodd Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Hi Helen, lam aware that Colm sent an email to you on this matter before he went on leave (returning 30m July). in the meantime, if at all possible, it would be very helpful if you could give Benny a further update. . Many thanks Muireann. From: Benny Molloy Sent: 17 July 2018 17:01 To= Heien Codd Subject: Rt: GDPR - publication of pension amounts to former office holders on DFIN website Pelen, Colm, Any final demsuon on this for me? How does it reconcile to FOI legislation where the informatior: wouic normally be releasable? My understanding is that Jimmy McMeel forwarded advice to Colm on this issue some years ago - do we now need similar advice? Benny Molloy [Accounts/Exchequer/PMG Banking Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. Offa/y R35 W7A4 Direct: . . . . . Websnte: 75.: A . "71 f?j'?fr?f, I t. I 3?31 3 '4 1?jjf--From: Helen Codd Sent: 10 July 2018 15:51 To: Benny Money Subject; RE. GDPR - publication of pension amounts to former office holders on DFIN website Benny Calm and I haven?t had a chance to catch up on this yet will try to do so in the morning. My initial view would be that unless someone can identify a lawful basis to publish the data it shouldn?t be published and anything up already should be removed. Colm maybe we could try and catch a few minutes in the morning on this ?you might let me know your availability after which we can get back to Benny. Regards Helen From: Benny Molloy Sent: 10 July 2018 15:45 O'Nei? Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Colm, Helen, Any update on this for me? Benny Molloy [Accounts/Exchequer/PMG Banking I Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. offaly R35 W7A4 DirectWebsute. .L . . 75.134.2.7. is", a -. .-. ...-.- .7 . .-I.. . 33.7.Lip-7.. 377.447.?. :10 7.3I..-. -.. - -- - .1qu.?wabe as) From: Colm O'Neill Sent: 29 June 2018 10:11 To: HeIen coda Subject: GDPR - publication of pension amounts to former office holders on DFIN website Hi Helen it has been brought to my attention by the Department?s Accounts/Exchequer/PMG Section that the D/Finance publishes the information (which contains personal data) contained in this link on its website. I understand that DPER is the contro?q of this information and the processes the data publishes this information). As such, article 28 of the GDPR refers. Appreciate if we could have a chat about this publication given that it identifies individuals I?m not aware of the legal basis for processing this personal data. Even if the names of the individuals were anonymised, it wouldn?t be that difficult to identify the former office holders if compared with last year?s publication. I?m at meetings most of this morning but will catch you later. Thanks Regards Colm Colm O?Neill [Head of Compliance Data Protection Officer I Department of Finance, Government Buildings, Upper Merrion Street, Dublin 2 DOZ R583 Direct Mobile finance. owe Website :l or- n. w. J. Helen Codd I From: Claire Godkin Sent: 06 November 2018 09:49 To: Helen Codd Subject: FW: Finance Accounts 2017 and associated material Attachments: FINANCE ACCOUNTS 2017 - Finance Accounts Statement 1.6 - Party Leaders Allowances 2017.pdf; Exchequer Statement December 2017.pdf Hi Hal-31 See below in red Claire Godkin Press Officer Government Buildings Upper Merrion Street Dublin 2 DOZ 8583 Tel; Mobile? From: Brian Meenan Sent: 06 November 2018 09:46 An Roinn Caiteachais Phoibli'agus Athchoirithe Department ofPublic Expenditure and Reform C'ai'e GOdki" Subject: FW: Finance Accounts 2017 and associated material Brian Meenan? Press Office 1 Department of Finance, Merrion Street, Dublin 2 3 002 8.583 . Drrect. om'?'rrv m- 5; m0] . 2: a; 1.1.. a Iv. Websrteera. ccFrom: Benny Molloy Sent: 27 July 2018 15:28 To: Brian Me Subject: Finance Accounts 2017 and associated material Brian, Please find attached the following for publication on the website this evening, as agreed on Wednesday: 1. Finance Accounts 2017. An Irish version (Cuntais Airgeadais 2017) will follow very shortly ?just finalising the checking of the translation. 2. Statement 1.6 Annual Allowances payable to Parliamentary Leaders in 2017. 3. Revised Exchequer Statement as at end December 2017 which takes account of changes made during audit of the National Debt Account and the Finance Accounts 2016. Can you please place this revised Exchequer Statement where the original end 2017 Exchequer Statement and related material is published? With regard to the material on Statement 1.4 (Payments to former Constitutional, Ministerial and Judicial Office Holders) which we have released in previous years, we have been advised by Department of Public Expenditure and Reform that as the information constitutes personal data, that is, the relevant office holders are identified or identifiable, the material should not be published and therefore I am not including that information this year. Any questions on this element of the material should be addressed to Dept. Public Expenditure and Reform. If you have any questions on any of the attached please let me know. Benny Molloy lAccounts/Exchequer/PMG Banking I Department of Finance, Unit 2, Central Business Park, Clonminch Rd, Tullamore Co. OffaIy R35 W7A4 I DirectWebSIte7.3; I. ?Lin-Int-" --.: b: v; - 1-, - . --..- .- .. . . . .. .., --.. - . 9-723 .- . . M-.- - y'.v - 'u :r . -. 1.1.-..ef-T? - A 51?VrHelen Codd From: Claire Godkin Sent: 06 November 2018 10:04 To: Helen Codd Subject: FW: GDPR - publication of pension amounts to former office holders on DFIN website Hi Helen, Finance just sent me this email trail. Your advice to them is down the bottom. Just wanted to see the reason as an L0 note is in train on this. Regards, Claire Godkin Press Officer Government Buildings Upper Merrion Street Dublin 2 002 R583 Tel: Mobile? Email:? Check out our website er.?cv.ie Follow us ona An Roinn Caiteachais Phoibli agus Department ofPublic Expenditure and Reform From: Brian Meenan Sent: 06 November 2018 10:02 Tozen-aireGOdkin? Subject: FW: GDPR - publication of pension amounts to former office holders on DFIN website Brian Meenanl Press Office I Department of Finance, Merrion Street, Dublin 2 002 R583 Direct - 1 Email: pressoffice@finonce. qov. ie Website: 377.3 in.) "77-7 :7 cc mac? :17 (arc-TI confide'vrici 3,7155: 5:3: :T:e7-:ion and us; .mvigis'sc: . ex? 9.51.15"; err-5:1, masmm use, .7, Jr 7 ?959? 7? 5, mu": veer-19'; arm33/- 277 5' 35:79:"? 517:: 12-; 377:? 7.7-. '39-"1 .17797'33. :77 T: (in: 529.5 5r: 32-: 3.2.: rm? 7:31:31: :3 Id: 37-7-7? 7; 5' :17 ?7 5:27 :75? j: .5 -77 . From: Edel Harte Sent: 06 November 2018 09:58 To: Brian Meenan Subject: FW: GDPR - publication of pension amounts to former office holders on DFIN website Hi Brian, Please find attached the email from Helen Codd in DPER providing details on the legal adavice sought on statement 1.11.. Regards Edel From: Jimmy McMeel Sent: 06 November 2018 09:53 To: Edei Harte Subject: GDPR - publication of pension amounts to former office holders on DFIN website From: Helen Codd Sent: 20 July 2018 15:44 Benny Subject: RE: GDPR - publication of pension amounts to former office holders on DFIN website Good afternoon Benny Further to our telephone conversation on Wednesday 18 July I sought advice from our own in house legal adviser. Like me he is of the view that if the information constitutes personal data that is, if the relevant office holders are identified or identifiable then he agrees that the material sh0uld not be published as a matter of routine by yourselves in the Department of Finance. Bearing that in mind I, as Data Protection Officer in DPER, would appreciate if the practice of issuing this material with the Finance Accounts as a matter of routine ceases with immediate effect, As indicated on the phone when we last spoke if any journalist subsequently seeks the relevant information under an FOI request that can be dealt with appropriately at that time. Kind Regards Helen Helen Codd Data Protection Officer Department of Public Expenditure and Reform Room 1, 23 Gavernment Buildings Merrion Street 2 {302?