LEGISLATION WILL SATISFY REQUIREMENTS FOR NEW POSTCODE SYSTEM TO BE USED PROPERLY - KENNY

Posted on June 11, 2015 5:47 PM   |   Permanent Link   

Speaking at Dail Debate on Communications Regulation (Postal Services) Bill 2015

The Government is introducing a national postcode system later this year. The system will assign a unique seven digit postcode, also known as an eircode to each postal address in the State.

The purpose of this Bill is to ensure that the public interest is satisfied in relation to the undertaking of legitimate postcode activities so that the processing of any personal data in postcode enabled databases is in compliance with the Data Protection Acts.

The legislation will specify the data protection principles which the Postcode Contractor and re-seller of postcode databases are obliged to comply with in order to ensure that the privacy of the owners and occupiers of property in respect of which a postcode has been allocated is safeguarded.

The main provisions of the Bill include the scope of postcode related activities to be encompassed by the legislation, which includes the development and maintenance of a postcode system and the dissemination of Postcodes. Alongside those, the legislation also deals with the matching of addresses and the incorporation of address aliases into databases, and finally, the licensing of the postcode Address Database.

The Minister for Communications, Energy and Natural Resources may also specify, by way of regulations, new legitimate postcode activities that may be undertaken. The Minister will be required to consult the Data Protection Commissioner and the Minister for Justice and Equality before making any regulations in this respect.
Section 66A provides the Minister with the power, by regulations, to set down requirements that a business must satisfy before it can be granted a licence to use a postcode database to provide value added services. This enables the Minister to ensure that value added resellers are screened against specific criteria before they can use postcode databases to provide value added services. This section also provides the Minister with the power, by regulations, to require the Postcode Contractor to include certain specific provisions in the licences it grants to value added resellers.

This enables the Minister to ensure that there is a robust legal framework governing the manner in which value added resellers use postcode databases, including requirements such as right to audit, suspend and terminate licences. The Postcode Contractor will only grant a licence to a VAR or end user where it can be demonstrated that they have registered with the appropriate data protection regulator, where applicable.

Section 66B introduces a specific obligation to publish a privacy notice so that specific information is made readily available to individuals in relation to how postcodes will be used, to whom postcodes may be licensed and the rights of individuals in relation to correction of data and the making of complaints.

Section 66C confirms that the Postcode Contractor, Minister and value added resellers may process personal data for purposes related to or connected with a legitimate postcode activity.

Section 66D provides a statutory framework for a complaints procedure in relation to postcodes. This is to put in place adequate steps to safeguard the legitimate interests of owners and occupiers of properties.

Section 66E imposes a statutory obligation on the Postcode Contractor to develop a data retention policy to ensure that de-commissioned postcodes are retained for record keeping purposes.