Matt Shanahan Challenges Department Over Missing USB in Keneally Case

Mr. Minister, my question relates to a USB data device that was lost by an official in the Department of Justice that relates to the Keneally abuse case in Waterford. Was there video imagery contained on that disc? Do you know what personal data was on it? What efforts have been made to recover it? Also, is the original information still safely contained within your department? Deputy Minister Nocton. Thank you, Laskancorla, and thank the Deputy for his question. As the Deputy will be aware, the Commission of Investigation, which is investigating the extent to which organizations, including state bodies and individuals, were aware of the child sexual abuse committed by an individual during the 1980s, is an independent body, and neither I nor the Minister have any role in the conduct of its investigation. I understand that, for its convenience, the Commission is supported by the IT unit in my department, and I am informed that in May 2019, having been made aware of the loss of a USB stick containing personal data in relation to the Commission, my department notified the Data Protection Commission as required under GDPR and the Data Protection Act 2018. I am further informed that, in keeping with the usual policy, my department's data protection officer investigated the circumstances surrounding the missing USB stick, and the outcome of that investigation was subsequently notified to the Data Protection Commission. I understand the investigation found that, despite a thorough search of both premises, the missing USB stick was not located. On Pust indicated that no USB stick was identified in their recovery reclaim unit. The USB stick in question was an integral courier USB key with hardware encryption. This encryption used with this device is AES 256-bit, which is ISO 27001 compliant, a leading international standard for information security. The data contained on the USB stick has been uploaded to the Commission's secure system prior to the stick being mislaid, so the information itself was not lost. As the data contained on the USB stick continued to be available to the Commission and the missing USB stick was fully encrypted to industry standard, the risked individuals whose personal data was on the USB stick was evaluated as required by the Data Protection legislation and found to be low. Thanks Minister. Deputy? I might point out too that the country is still grappling with the effects of a cyberware attack. I think to say that, you know, encryption on a stick is adequate, I don't know how that can be said. I think also it's very regrettable that your department did not liaise with the victims within the Keneally case who had to read about this loss of data in the national press without having been consulted by your office. And I think that's an oversight that should not happen again. And I would ask you, what engagement now is going on? I understand that the work of the Commission of Investigation is outside possibly your purview, but I think that certainly the people, the plaintiffs, if you like, that were in this case have had a large degree of frustration at the lack of information that they have been able to get from the department. And this echoes what they have got maybe from the Guardian of Sheikana and from others who are involved in this overall investigation. Thank you, Deputy. And I very much regret the upset and the anger caused by this breach in particular. And I regret that those concerned found out through the media, as you've rightly outlined there, Deputy. I think to avoid this and as a courtesy, those concerned should have been notified of the loss at the time that it occurred. I understand that Minister McEntee met with victims and their legal representatives in April of this year to apologise to them in person for the data breach and to acknowledge to those affected that they should have been notified at that time and the Minister advised that the breach was extremely low risk and it is important to state that. As you may know, Deputy, Mr Justice Barry Hickson has stepped down as the sole member of the Commission with effect from the 30th of June and Mr Justice White became the sole member on July 1st. So I will be confident that work can now progress in relation to seeing justice and ensuring that the work of the Commission can progress as quickly as possible. Deputy. Mr. I'm going to go ahead, Minister. Can I remind the House about the scale of this investigation? The Keneally case, I think, will turn out to be one of the most prolific paedophile cases in the country. The convictions that were secured were secured on sample charges. And albeit that five individuals have come forward, I can tell you that's quite a lot of people, I am sure, that have been impacted who have decided not to. I think the State obviously has a duty of care here with respect to ensuring that as wide as an investigation as can happen will happen. But there are significant components to this investigation, not least the influence of a very well-known political family, the influence of church seniors, potentially, and the influence of Gardaí, and also the robustness and effectiveness of the investigation that was taken in terms of search and seize. So, Minister, I would remind you again, this case has come about in 2012, but the abuse goes back to the middle 1980s. These gentlemen involved, and they are now grown men, want to see some vindication for their position. They want to, I suppose, ensure that nothing like this can recur. And unfortunately, we've seen it with national swim coaches, with Boy Scouts in recent weeks. You know, this is an ongoing problem, Minister. It has to be rooted out. And I would ask that your department now basically provide all effort to ensure that the Commission of Investigation can get up and running with Justice White as quickly as possible. Thank you, Deputy, and I understand the frustration regarding the delays to the Commission's, partly due to COVID-19 crisis, and these frustrations have been discussed previously with Minister McEntee and I. The Commission has undertaken considerable preparatory work and is endeavouring to advance its work in areas where separate criminal proceedings will not be jeopardised. The Deputy will be aware that the terms of reference were drafted with the probability of further criminal trials in mind and an awareness that this was likely to cause delay. However, it is important that all individuals who make claims of abuse get the opportunity for their case to be heard. And again, I don't want to jeopardise other criminal proceedings. The working pattern of any Commission of Investigation is a matter for the Commission itself and it wouldn't be appropriate for myself or Minister Humphreys to advise the Commission on how to conduct its work. I fully understand how important this work is and that it's important that it progresses, but also the restrictions within which it operates. And I can only continue to urge all victims and survivors to engage with the Commission and in particular Judge White, who I know is committed to exploring all avenues to advance the work of this Commission.