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. Dale Sunderland:

The draft Bill proposes a framework for the roles of those various agencies. Of course, each one that holds data in its own right is a data controller and is and will continue to be subject to all the requirements of the GDPR.

One can see the Bill as a means to provide a core framework for how it is proposed to deal with issues in this space, but they will still retain and have obligations as data controllers. This Bill in no way diminishes those, unless there is to be restrictions imposed on the rights of data subjects, which will have to be explicitly stated and legislated for in the Bill. That is one of the issues I have already addressed. The guidance under the Bill that is to be prepared and published should ensure all of the bodies are identified as data controllers. It is an opportunity to call out, again, the explicit obligations they have to ensure they carry out their role in accordance with the legislation and they meet their obligations as custodians and data controllers for the personal data of the persons concerned. I hope that has answered the Senator's question.

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