Oireachtas Joint and Select Committees

Tuesday, 2 November 2021

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

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

Mr. Simon McGarr:

I will fail to give the Senator a proper explanation of mixed personal data, so I will hop past that piece for a moment.

To address the first part of the Senator's question, one cannot limit the definition of personal data more narrowly than it is defined in the GDPR. Any attempt to do so is non-functional once it is accepted. It is very clear that the attempt to try to simply legislate away the effect of the GDPR as it clashes with these proposed pieces of legislation in these heads of the Bill is not acceptable. It does not meet the requirements under Article 23, even if we were to say that it met the requirements for necessity and proportionality. Once one accepts that the definition of personal data is as defined in European Union law, which is any data relating to a person, then one can see that any attempt to try to restrict that to only certain data relating to a person, will have to be nullified.