Erin McGreehan (Fianna Fail) | Oireachtas source

I thank the witnesses for their attendance here. It is a very interesting session. My questions are for both witnesses as their statements were very similar. Are there any jurisdictions in the EU where the release of mixed personal data to adopted people is done without a domestic legislative framework and sets out the appropriate balance of GDPR rights?

Is it the case that under the GDPR, the Article 16 right of a parent to object to data being processed would not have any impact on adopted people accessing their full information because of this legislation or would it possible without the appropriate balancing of rights set out in this legislation for a parent to prevent that information from being released to an adopted person? That is if there is an objection under Article 16.

Is it also the case that if we get rid of the balancing requirements set out in these heads, each time a request for birth or early life information is made by a data processor, that data processor would have to make its own determination on the balance of rights in accordance with GDPR? There would be a possibility that some or all information would be withheld from the requester.

Is there an example in Ireland that has come before the courts where the GDPR legislation has been tested for birth information? Within the argument here, the witnesses have an opinion on the seminal I. O'T v. B case. The judgment was that neither rights to privacy nor information were absolute and it is weighted to the common good. That is current case law but has there been any updated case law? Is it not right that this legislation would be the framework for a GDPR process whereby people's personal data could be accessed?