Mr. David Murphy:

The Deputy's question referred to the application of the Data Protection (Access Modification) (Health) Regulations 1989 from the Department in respect of access requests made regarding the database of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters. We understand from the public commentary that this has been very difficult. People have been waiting a very long time to make these access requests and it now seems that another barrier is being thrown in their way.

Under the Data Protection Act 2018, the 1989 regulations continue in force. Their purpose is, essentially, to prevent the release of what is called medical information to an individual under an access request where there is a risk of serious harm to the physical or mental health of that person. It does not necessitate engagement with that person's GP. There is a hierarchy of appropriate medical professionals and practitioners who can make that assessment on behalf of the controller. We have engaged with the Department on its application of the regulation.

We can also say that we are aware from the Department that moves are in place to amend these regulations. We welcome that, principally from the point of view that these regulations date from 1989 and perhaps represent a very paternalistic view of access to medical documents that might have been prevalent at the time.

They represent a paternalistic view of access to medical documents that might have been prevalent at the time. Section 60 of the Data Protection Act specifically envisages that the Minister will update these regulations and we would welcome if that was done with full stakeholder engagement, involving patient representatives, the Medical Council and so forth. In addition, Article 23 of the GDPR specifically envisages the possibility of restricting rights such as access, where necessary, to protect the data subject. In that sense it is not contradictory in and of itself to the GDPR, in that it is a possible ground to restrict access where it may harm the individual, but the application of this needs to be addressed carefully. We welcome the intention of the Department to update and amend the regulations in the future.