Here Is EXACTLY Why The PSC Card is Illegal!
Let's cut to the chase. No crap. Straight to the point.
Regina Doherty says that the introduction of the PSC was so that people can facilitate the use of Social Services. Got it? That's was and still is, the sales pitch. If it was for just that reason there would have been far less hassle and actual laws broken.
In reality as many people have found out, the card has been shoved down the throats of hundreds of thousands of people who do NOT wish to facilitate of actual Social Welfare Department services. Try applying for a renewal of a taxi license, a building permit, apply for a passport, etc? You are told that you have to have a PSC card in order to get these other department services. Think about it - those and far more have got NOTHING to do with the Department of Social Welfare. On this legal point alone, the Data Protection Office has made it clear that when the Fine Gael party introduced this card, the legal reason put into law, was just so that Employment and Social Welfare Services could be accessed only!
On that point of law, the Data Protection Office has pointed out that as OTHER departments are insisting people going to them must have this card, their request, as is the need for this card to be applied for and actually presented to them, is illegal in law. To facilitate of other services, it is not in law that it's a requirement. If something is not in law, then trying to demand something outside the law - guess what - is illegal. It's why Shane Ross TD and his department wanted nothing to do with it! There are 140+ other departments and sections...
You are not supposed to kop all this.
The Fine Gael party has been very clever in trying to dodge around this issue. They state the PSC is "a system that will make it easier and more efficient for the public to access public services and will assist in the elimination of fraud" - and that's fine and dandy if that was what they put into law - but they did NOT! Remember, the PSC was legislated for just Social Welfare Services. It's a legal point - but a very important one. It is on this very legal point that the Data Protection Office stands and has made quiet clear. The law is supposed to apply to everyone. After all, it's your personal information that Fine Gael is playing footloose with!
Another illegality centers around the length of time the government department is holding onto our data. Don't take our word for it. Checkout the rules and regulations yourself independently. Fine Gael here too, is breaking laws.
You are not supposed to kop all this.
National Identity Card In All But Name...
The Department of Employment Affairs and Social Protection (DEASP) has publicly expressed the view that efficient public service development and delivery in Ireland will be inhibited if the State does not introduce a “single electronic identification scheme” (Joint Committee on Employment Affairs and Social Protection debate - Thursday, 22 Feb 2018, Public Services Card: Discussion).
So the Dept of DEASP is now trying to illegal back door a “single electronic identification scheme” - yes - a national identity card in all but name. In order to skirt around the title "National Identity card" they have instead come up with the wording “single electronic identification scheme”. Same thing - different name. What's the fuss about that? It's professionally assessed to actually unconstitutional (illegal) and there is other serious issues. See HERE. The renaming of items for PR is nothing new to Fine Gael. Instead of saying "EU Army", they and those creating one with them, have hidden it behind another wording called "PESCO".
You are not supposed to kop all this.
More Fine Gael Is Not Disclosing.
To quote direct from the report that Fine Gael has had now for over a year in draft and full format... The Data Protection Office writes in it's forward, the card...
"...has remarkably little by way of meaningful real-world application. Notably, no public sector body has invested in the technology capable of reading the chip that contains the encrypted elements of the Public Sector Identity dataset on the card. Exceptionally, a special variant of the card with its own separate chip has been created for those who avail of free travel. However, even that chip - and what is read from it - forms part of the National Transport Authority’s integrated ticketing specification rather than the PSC itself."
In other words, the card has no real word application (other than to build up an illegal national database on every citizen) and worse, some departments (who are not legally supposed to be asking for it) are not even able to use it unless they have more specialised equipment to access another variant of the PSC that Fine Gael has also not told the public further exists! This all begs questions about the €64+ Million public money that has been spent to create this illegal operating and failing setup?
You are not supposed to kop all this.
The PSC Will Eliminate Fraud.
Really? It's best you read THIS. At one stage Fine Gael tried to PR that the €64+ million will save money. They then tried to claim that €2.5 Million Euro was recovered though it's use. The amount turned out to be far less - and further in fact, this was "due to other control measures to detect fraud and overpayments". See HERE.
Had the €2.5 Million claim been even true, it would have taken another 24 years approximately for the card to just pay for it's introduction costs - but guess what...
You are not supposed to kop all this.
From the use of other measures to eliminate fraud, only 35 cases of identity fraud have actually been prosecuted to date in 2018. From the card? Still waiting...
You are not supposed to kop all this.
The SAFE Aspect.
To again quote the Data Protection Report FG has tried to long hide
"...In reality, the backbone of the project is a form of citizen registration system. That system is based on a nationally developed standard called the “Standard Authentication Framework Environment (SAFE)”.
"DEASP requires any individual who is to be issued with a PSC to present themselves in person at specified government offices, to bring a range of supporting identity and other documentation with them, to submit to a face-to-face interview, and to have a high-quality photo taken on-site and a recording of their signature stored."
(Why all this if it's not a national identity card? Wait, it's just legally for accessing social welfare services!)
"A facial recognition system has been implemented to match new photographs of individuals taken against the population of photographs already stored..."
So now we are talking about a bio-metric facial recognition (more defined HERE) system. Something that is not legal yet in Ireland. It's outside the law! So it's illegal.
You are not supposed to kop all this.
"The SAFE system and terminology is not explicitly referenced in any legislation..."
"...social welfare legislation makes no such explicit provision regarding the consequences that may flow for individuals transacting with public sector bodies other than DEASP."
You are not supposed to kop all this.
"A further key provision relied on by DEASP in relation to the PSC project is Section 241 (of the Social Welfare Act 2005); that section has been amended 28 times by 11 enactments."
...And they still managed to make a complete expensive balls of it!
You are not supposed to kop all this.
The Department Of Education.
"By way of observation in relation to published information about bodies other than DEASP that require the PSC, we note that the DEASP website indicates that the PSC will soon be required to make an appeal to the Department of Education in relation to the provision of access to school transport schemes. What is striking about the current system of school transport appeals is that, whether an appeal is submitted online or offline, no identity validation of any description is required."
Like it's been extensively spelled out in massive detail in the full report available HERE, the Fine Gael government is demanding things that have have no basis in law. If the rest of the public was to try pushing something that they were not legally able to do - we would be accused of stepping outside the law, would we not? Yes. Fine Gael seems to think it can be exempt from legal laws and not just on the PSC issue!
(JobPath, Irish Water, water meters, Household charges and the way they were implemented, each by coercion. Four simple examples.)
You are not supposed to kop all this.
Quite Frankly...
We could easily go on about this matter - and we have, see HERE - HERE - HERE - and HERE.
Just to wrap things up here however, we can easily say that Fine Gael is leading the public on a merry dance and making the people of Ireland out to be all fools. To their surprise and disgust, many of them are thankfully not.
Fine Gael is also completely avoiding the mentioning of additional GDPR data protection laws they are also internationally breaking - besides completely ignoring a 2013 European Court of Justice ruling (Bara Case) regarding how people's data should be managed. So the next time you hear a Fine Gael representative saying they are within the law (try not to laugh, they are serious) and they try tell you this, they are lying through their teeth. We can say this easily and you can discover this and far more if you look under the covers of their very words blanketed out in an attempted whitewash. All this before we additionally get to the Fine Gael government giving the collected personal information (yours) to private companies also.
...But guess what? You are not supposed to kop all this!
PSC - More You Are Not Meant To Know.
We know now that the PSC was legislated for just for use in reference to accessing Social Welfare services. The government then embarked upon gathering all the information it opinionated at will, they needed. Basically, "we want to know everything about you, have it put in electronic format on a card and be able to share it with 140+ state sections and also private companies too - without telling you or explaining how they were treating your legal asset they are stealing from you - before additionally passing it on to private companies." Got that? Good - because it gets better.
In order to just do the card bit, they had to create a national database on a server somewhere. Makes sense. After all, its needed for the card to be created. So they created legislation to supposedly make the card legal (after 28 attempts and still screwing it up). Hang on though! What about the creation of the database itself? You are not supposed to ask that!
Where is the legislation for the creation of a database which allows the Department of Social Protection to store your data? In fact, it appears to not exist at all. Just like the non-existent legislation regarding the use of the PSC beyond Social Welfare services.
...But you're not supposed to kop this.
(Sound familiar?)
The government has apparently gone even further. Under EU data law - which takes higher precedent - important - there is supposed to be an assigning of a specific "data controller" to oversee things. A named person with direct contact details should any member of the EU have a question or wish to highlight an issue.
The Department of Social Welfare has apparently decided that the whole department is the "data controller" - but this is NOT what GDPR has defined. They have laid out specific instructions. A named direct person and direct contact ability (try looking for these on a state department website or the private companies running the JobPath racket. Good luck!). So here too, this all being the case, the Fine Gael government has broken EU law.
...But you're not supposed to kop this.
With all this massive law breaking by Fine Gael involving your personal information - your legal asset - we again come back to GDPR.
...The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
Section 1 (d) & (e) of GDPR
(d) the personal data have been unlawfully processed;
(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
So if there has been any illegal act - pick one, there's loads - you have the legal right to request that you have your data removed from that (non-legislated for) database. That's GDPR law which takes precedence over any current existing or future lower level Irish laws.
...But you're not supposed to kop this.
Here's where it gets even crazier...
1. The FG government say that it will change the law to make what their doing legal.
2. If they are trying to do that now, wouldn't that make their previous actions illegal? If they were legal already, why bring in laws to make it legal? DOH!
3. Regina then comes along and lies, saying its all legal already - but additionally says nothing about much including the EU existing precedent data laws.
Hang on - its gets even MORE crazier!
With Fine Gael now saying that they will bring in changes to make this all legal and above board (impossible as it clashes with higher EU data laws) and their next attempt will be at least their 29th attempt (cost so far: €64+ Million) - what they are attempting to do is this...
An illegal act has been done - and they are trying to make a law which makes an illegal act legal thereafter. In simple terms: they go rob an item (your assets), insist illegally it be on a card not actually legal required to be presented, and they then go before a 'judge' (the Dail), asking that their illegal act already carried out, to make it legal thereafter - and what's more, not be punished in the first place for their previous illegal act!
I hope you are getting this because in the end, you could not make up this stuff - unless you are a member of Fine Gael - and as we now long know, Fine Gael members are very good at inventing many a fairy tale.
...But you're not supposed to kop all this.
Public statement by UnitedPeople party leader, Jeff Rudd.
22nd Sept' 2019
Our Fine Gael government has set a very dangerous European precedent.
I wish to be very clear. The vigilante attacks that have happened on a Mr Lumney (re: Quinn issue) without reservation I condemn. They were terrible acts that was carried out on a man that has left devastating future consequences not just for him but for his family also.
The people that did these acts, it's thought did them in attempt to seek some form of justice where they saw none genuinely occurring. The attacks was a wrong act. The thinking that there is no correct or proper justice applied in Ireland all equally, is right. Media hidden at local and national level but still right.
-
- We have judges breaking court rules.
- We have judges breaking Irish and international legal rules.
- We have Garda breaking laws.
- We have Garda standing by while others within yards break laws while Garda give them protection.
- We have elected at local level breaking laws.
- We have elected at national level breaking laws.
- We have multi-corporations breaking tax laws and company super-trawlers breaking fishing laws.
* Simple examples of which there are too many.
Now our own national government is openly breaking more laws. They have being doing it for years in matters I have previously extensively covered and reported on with evidence, within the Oireachtas in January this year but now they are openly defying one of their very own national departments that has determined and laid down legal findings based on Irish and International laws.
So where exactly is the justice in Ireland? Can people of Ireland claim justice is warped and corrupt in Ireland? Definitely. Without a shadow of a doubt. Only a deliberate blind fool would say different.
Here's where things get very more dangerous and lack of justice in Ireland is setting a very dangerous European precedent.
* With Fine Gael openly defying a a ruling which they had in draft format and in full for over a year already - and now openly stating in Dail and media, they are still going to carry on regardless of them (a) still law-breaking and (b) ignoring a further legal ruling, this tells other EU governments that they can do same and get away with it against their very own people too.
* The government defiance of laws and a subsequent ruling tells international corporations that they too might do same now.
Both are an extremely dangerous road to go down as they undermine the stability of home legal system to operate in proper order and Fine Gael's illegal acts and defiance of rulings openly undermines EU legislation which in turn, undermines EU stability.
Where is the Fianna Fail or Labour condemnation of all this? You will note they are all too silent? Remember -
(a) there's a general election coming so all with want to partner up with each other. Condemning them beforehand is not conducive to their able to gain later and they know it. So they remain too silent.
(b) In the case of Fianna Fail, as Fine Gael do the above and far more, Fianna Fail is still willing to prop up these criminals and thus allow their criminal acts to continue. Are they therefore willing to expose and condemn those they are government backing? Not a true hope in hell.
So where is there true justice in Ireland? I again condemn the acts of violence imposed on a Mr Lumney and those that did them. No ifs or buts. If he or others are found to be law breaking, to a court room they should stand in. Those that did the violent acts appear to have carried them out because they see no true justice in Ireland. With a national government openly willing to defy national and international laws, is just the thinking of the attackers wrong when it just comes to genuine justice been courtroom carried out in Ireland?
Meanwhile, in order to see that justice is properly done, I shall be contacting the European Data Commissioners office to request that they step in and assist our Irish Data Protection office that is coming under open and covert attack and possible personal staff intimidation. The European Data Commissioners office must now step in to stop a very dangerous precedent that Fine Gael is carrying out and that Fianna Fail is allowing to continue by still propping them up.
Vigilante justice is dangerous justice. Governments breaking laws and defiant to those trying to impose justice, is just as bad - if not worse. Fine Gael has set a very dangerous precedent.
Jeff Rudd.
UnitedPeople Leader.