Mr. Dale Sunderland:

To comment on the first point, it is not just about the GDPR. That is for sure. The GDPR states that the processing of personal data should be designed to serve mankind and that it is not an absolute right and must be balanced with other rights. That is essentially what this Bill is trying to do. It is looking at the fundamental rights of individuals under EU law, and it has to be seen in the context of the Charter of Fundamental Rights of the European Union, trying to address the competing rights and striking the right balance. Ultimately, what the Oireachtas has to do is be satisfied that whatever form of the Bill is passed and enacted, it balances those rights in an appropriate way and one cedes to the other in a way that does not adversely override the rights of others, and that the right of birth parent mother is not so adversely affected that it impedes the right of access. That is the balance one is trying to strike and the safeguards can provide for that.

We felt relevance with regard to medical data needed to be explained and defined further. We are not necessarily experts in this field and it would not be right of me to suggest what those safeguards might be. I am conscious that while we know data protection, we are not medical experts on the considerations that go into that.

It is simply to say that there may be cases where third parties may be involved and where issues arise in the context of medical information relating to a birth parent or a relative. In a data protection sense and from a privacy perspective, such individuals have certain rights that need to be looked at. That is why it is important that all of these issues would be well defined so that there is absolute clarity regarding the rules and thresholds. If that is got right at this stage, the eventual Bill will be sound and will operate on a sound legal footing and as intended by the Oireachtas. That is the point we are trying to make.