Oireachtas Joint and Select Committees

Tuesday, 26 November 2019

Joint Oireachtas Committee on Education and Skills

Retention of Records Bill 2019: Discussion

Dr. Maeve O'Rourke:

My written submission makes recommendations regarding what is primarily a consultation with survivors. I think there is a significant need for consultation with international experts who have overseen completely different approaches in Finland, Canada, Australia and the UK. Scotland is key as well. My recommendations today are immediate. I have brought some amendments that I believe could be enacted immediately within other items of legislation. They are to undo those problematic approaches to data protection mentioned by Dr. Logue under the two Acts. Under the Data Protection Act 2018, sections 188 and 193 were introduced to say that whereas previously there was no right to personal data access from the Ryan commission or redress board, because of GDPR those bodies can give personal data access if they believe it would not contravene their functions. I have said that these provisions need to be amended to make clear that someone does have a right to personal data. The two data access provisions are identical under the Acts of 2000 and 2002 but it seems they are being interpreted completely differently. From speaking to people, it seems that nobody is being given his or her transcript by the Ryan commission. People are being given some data by the redress board even though the law says the exact same thing about GDPR rights, which is that they are restricted but not entirely. I am saying we should amend it next week to say that everybody has the right to his or her personal data unredacted with the same applying to family members of children who died incarcerated.

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