Mr. Simon McGarr:

I will answer the general question asked at the end of the Senator's contribution, which is whether this provides a framework for accessing information within GDPR. It does not and instead it restricts it and limits it in ways that are not compatible with EU law. In doing so, it is itself not compatible with EU law. That is the kind of general position.

On the question of mixed personal data, there are two kinds of ways of looking at this. Frequently we see people referring to information about one person or another. It is referred to as a document with mixed personal data or mixed information relating to two different people. That is if the information only relates to each of them. There may be circumstances where the information relates to them both. The most famous example is that there cannot be information telling me who is my mother without it also being her information. It is both of our personal data and we both have it. It is not two different people with different rights on one document. One would redact the information not related to the person to whom it was being given; in this case it is related to the person to whom it is being given. It is not the concept of two different people's data on one document and how we can relate to that but rather information that is the personal data of both persons. It is the combination of the information that is critical because it overlaps.

The question was whether there should be a veto with such cases over the release of information by people if the information relates to them. The answer is "No" and no party has a veto. There is no absolute right to refuse information to be released. Again, this comes down to an administrative response and giving guidance. This can happen, as Dr. Logue suggested, by way of activity by the Legislature - the Oireachtas - or, as I have suggested, via an administrative response guided by the principles of the GDPR to allow for a common framework for the application of the GDPR. A decision tree might be presented, for example, and I know the Department of Children, Equality, Disability, Integration and Youth has engaged experts for this purpose and to give it advice on the GDPR and its application in respect of the mother and baby homes documentation.

These are not problems that are impossible to solve but they would be impossible to solve if we did not correctly recognise and determine what must be done. Unfortunately, with the proposed heads of Bill, the approach is not only not helpful to that outcome, but it will actively run contrary to what is legal.