Oireachtas Joint and Select Committees

Wednesday, 14 April 2021

Joint Oireachtas Committee on Children and Youth Affairs

General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion

Ms Doireann Ansbro:

I absolutely agree that the GDPR is very positive. On the second question about the Stasi model, I am not an expert on that and would like to come back to the Senator with an answer if I can. However, my general answer would be around the idea of a proportionality assessment again. Obviously, when one has these issues, one is talking about the right to truth and one may also have the right to privacy. That proportionality assessment must be applied if somebody is saying he or she has a right to privacy and do not want this information exposed and somebody else is saying he or she needs it because it is necessary for the fulfilment of their right to truth. That is when the proportionality assessment must be brought in and whether it is necessary to share that information must be considered as well as whether it is proportionate to the aim of public interest or whatever interest may come into place. Again, therefore, when one has these different interests, human rights law provides a model to try to come up with a solution which demonstrates best efforts to protect everyone's rights in the best way possible using this kind of proportionality assessment. That is the best I can do on that one.

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