Dr. Fred Logue:

I believe there needs to be legislation to give greater effect or more detailed effect to the pre-existing right. If there have to be restrictions for either the adopted people or the parents, they should be laid out in legislation and done correctly. At the moment, the GDPR is being misinterpreted in a way that involves reading into it a balancing test that is not really there. Even if it was there, it can only be there if given effect through legislation. This is resulting in chaos. I have sympathy for the Adoption Authority of Ireland and Tusla. They have inherited a bunch of files from a whole load of religious orders and other institutions that they really do not know anything about. They do not know anything about the people and are presented with a dilemma as to what to do. There is no guidance in legislation. They therefore take the most conservative approach, which is to give out as little as possible. I can understand that. Contrary to the impression I may have given, I believe it is essential that there be clarifying legislation. It should start from the pre-existing right of access and work back from that point rather than assuming there is no right of access and then creating one. That is the key takeaway from my presentation.