Oireachtas Joint and Select Committees

Tuesday, 8 March 2022

Select Committee on Children and Youth Affairs

Birth Information and Tracing Bill 2022: Committee Stage (Resumed)

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I propose to move amendments Nos. 128 to 130, inclusive. In response to Deputy Pringle, the line that amendment No. 127 seeks to delete gives the body to which these applications will be made the ability to construct the form through which the applications will be made. If that body will not set the application form, I do not know who will. As this amendment seeks to take out the most basic of administrative elements, I oppose amendment No. 127.

Amendments Nos. 128 to 130, inclusive, concern the requirement for a person to provide explicit consent to the use of their information when applying for birth information. The manner in which the original draft of the legislation provided for the use of consent, as was flagged by some advocacy groups, was not fully in compliance with the proper reading of the GDPR. Amendments Nos. 114 to 116, inclusive, which have already been agreed to, also dealt with that issue. Amendment No. 130 deletes section 9(2)(c), which requires that the application is accompanied by the applicant's written consent to process his or her contact details. We are removing that because it would not be fully compliant with GDPR. That is just a piece of housekeeping but it is important nevertheless to ensure the legislation is compatible with GDPR.

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