Oireachtas Joint and Select Committees

Tuesday, 28 September 2021

Joint Committee On Children, Equality, Disability, Integration And Youth

General Scheme of the Birth Information and Tracing Bill 2021: Discussion (Resumed)

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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Head 40 is in draft format at the moment. When the Bill is finalised, head 40 will be very clear in terms of which aspects of GDPR the Bill proposes to restrict. The reason we would be suggesting any restrictions to GDPR rights is that GDPR protects the rights of all data subjects. It protects the rights of an adopted person but it would also protect the rights of a parent, including perhaps a birth mother. Among the rights of GDPR is a right to object to the processing of information. There is the possibility that a mother could object to an adopted person seeking access to information on the basis that the mother was exercising her right to object under GDPR. I think that is Article 21 of the GDPR. We have come to the conclusion, and I think it is a shared one, that we want adopted people to be able to get full access to all information in every case. It is because of that we are taking a decision that certain rights under GDPR will be restricted but those restrictions will be set out very clearly in the final version of the Bill that will be brought to the Oireachtas.

All committee members and Deputies will be able to look at what specific articles are restricted and the reasons for that. I hope that answers the Deputy's question.