Oireachtas Joint and Select Committees

Wednesday, 9 March 2022

Select Committee on Children and Youth Affairs

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

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

I move amendment No. 148:

In page 21, line 5, after "her" to insert ", records containing".

Amendments Nos. 148 to 150, inclusive, seek to ensure or confirm people's GDPR rights to their personal data. The amendments are intended as a safeguard to ensure that Tusla provides records and not just information from the records. It is a key concern for people that they may not be given the actual record but information extracted from it. We are concerned that categories of information are open to a range of different interpretations. Given people's experiences in the past and how this has been handled in the past, there is a fear that personal data will be held back.

Amendment No. 151 seeks to change the language so that data controllers are not given a get-out clause under the legislation. Amendment No. 152 is very similar to amendments Nos. 148 and 150. Amendments Nos. 153 and 154 concern the provision in the Bill to provide a statement setting out the information contained in records, as opposed to a full schedule of records as required under GDPR. If a person is not provided with a full schedule of records, he or she will not be able to ascertain what is being held back. This, in turn, may inhibit the person's ability to know about records that have been withheld.

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