Professor Brendan Kelly:

In theory, we do not need to include it in legislation because the HSE website is very clear that the GDPR basis for sharing of information within the health service is necessity and therefore it should be happening anyway. However, if the Deputy is asking if we need to put it in to re-emphasise it in the mental health area and make it happen, perhaps we do. In theory, the regulatory structure is already in place for the sharing of, admittedly, paper-based records within the HSE on the basis of essential need, which I think is the GDPR term, rather than consent. That should be happening anyway. Some months ago, the HSE issued a renewed memo to all staff about the sharing of information on this basis within the health service.