Oireachtas Joint and Select Committees

Tuesday, 2 November 2021

Joint Committee On Children, Equality, Disability, Integration And Youth

General Scheme of the Birth Information and Tracing Bill 2021: Discussion (Resumed)

Mr. Simon McGarr:

If it was to be amended to comply with GDPR it would adopt the phraseology of the GDPR so that we do not have a clash between the texts. For example, instead of trying to define certain categories of data it would simply define personal data as "personal data as defined in the GDPR at Article 4.1". By bringing in the definitions and the textual approach, it would ensure at least that one did not get a clash between definitions under the Irish law and definitions under the GDPR. Unfortunately, primarily the main thing that could be done to bring the Bill into compliance with GDPR would be to excise significant portions of it. Many of the heads of the Bill set out specifically to do things that are intended to be in conflict with the GDPR. Hence, head 40 recognises that a restriction would have to be created on the GDPR if any of this is to be enforceable.

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