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)

Dr. Fred Logue:

The way to protect the budget is not to breach people's rights. Again, GDPR is primary EU legislation and gives people a right to pecuniary and non-pecuniary damages. That relates to the traditional damages for negligence but also damages for distress. The right to compensation is not limited to damage caused through actions in bad faith. That is not in the GDPR. We cannot pass a law that narrows GDPR. That would actually create a risk that compensation will have to be paid rather than narrowing the risk. I do a lot of litigation against public bodies and the way to prevent litigation and damages is to make good administrative decisions. That is the sure-fire way to protect budgets.

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