The Probate Office (Register of Users)

Last updated June 2019

Does the Probate Office use the PPS Number at present?

Yes.

If so, for what purpose(s)?

Applications for Grants of Representation to the Probate Office are legally required to be supported by an Inland Revenue Affidavit (see Capital Acquisitions Tax Consolidation Act 2003) in which the PPS number of the deceased person and the PPS number of any beneficiary of the estate of the deceased must be provided by the proposed applicant.

Does the Probate Office exchange the PPS Number with any external body? If so, list the name of the relevant bodies and the purpose(s) of the exchange.

The Inland Revenue Affidavit is submitted to the Probate Office by the applicant for the Grant of Representation. On the issue of the Grant, the data which the IRA contains including the PPS numbers of the deceased and the beneficiaries is transmitted to the Revenue Commissioners who determine the tax implications of the estate or the beneficiaries of the estate. The PPS numbers facilitate the correct identification of persons with a possible liability for tax.

The Department of Social Protection access data in the IRA for the prevention of fraud (Section 261(2) of the Social Welfare Consolidation Act 2005).

When a Grant of Representation issues in a deceased person's estate the documents constituting the application for a Grant become public documents. This is to ensure transparency in the administration of a deceased person's estate and to guard against fraud in relation thereto. However, the President of the High Court has power pursuant to Section 42 of the Succession Act 1965 to determine which Probate documentation may enter the public domain and in recent years in view of Data Protection issues arising on foot of information (including PPS numbers) contained in the Inland Revenue Affidavit document he issued a Practice Direction on foot of said Section 42 limiting the availability of the information contained in the said Inland Revenue Affidavit. He directed that Government departments or agencies which have a legitimate interest in the estate of a deceased person may inspect the Inland Revenue Affidavit. This inspection would include sight of the PPS numbers of both deceased persons and beneficiaries of estates. The purpose of this exchange of information is dependent on the specific interest the Government Department or Agency may have in the Inland Revenue Affidavit. The person/s seeking to inspect such documentation on behalf of a public service body must first establish to the satisfaction of the Probate Officer, District Probate Registrar or Judge of the High Court exercising probate jurisdiction, as the case may be, that it is appropriate for the Probate Office to authorise such inspection.

What are your Directorate's future plans for the use of the PPS Number?

The Probate Office has no plans at present.

There is a duty to ensure compliance with the principles of processing personal data which are set out in Article 5(1) and 5(2) of the GDPR. These principles are summarised as follows:

• process it lawfully, fairly, and in a transparent manner
• collect it only for one or more specified, explicit and legitimate purposes, and do not otherwise use it in a way that is incompatible with those purposes
• ensure it is adequate, relevant and limited to what is necessary for the purpose it is processed
• keep it accurate and up-to-date and erase or rectify any inaccurate data without delay
• where it is kept in a way that allows you to identify who the data is about, retain it for no longer than is necessary
• keep it secure by using appropriate technical and/or organisational security measures
• be able to demonstrate your compliance with the above principles and
• respond to requests by individuals seeking to exercise their data protection rights (for example the right of access

Have you measures in place to ensure that the Public Service Identity data you hold/collect whether in electronic or written format is in line with the GDPR Principles described above?

Only PPS numbers of deceased persons are held electronically in this office. The only other PPS numbers held by this office are those of beneficiaries in the estate of a deceased person and these numbers are only held in a written format. I am satisfied that our measures are satisfactory for the protection of the PPS numbers in question.