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. David Murphy:

In brief, we think the legislation can operate to give full effect to and a framework for facilitating those rights, as the Senator said. As Mr. Sunderland said, it is not the necessarily the role of the Data Protection Commission to make that decision as to the necessity of legislation on the basis of constitutionality. What we have been looking at is whether the heads of the Bill, and the Bill as may be enacted, will conflict with or restrict the rights afforded by GDPR. Essentially, to answer the question, in our view, the role of this legislation is to give full effect to the rights that have been determined to exist for adopted persons. It is for us to ensure, in our guidance to the Department under the consultation process under Article 36 of the GDPR, that we do not find anything in the provisions that conflicts with those rights or restricts them in an inappropriate, unnecessary or disproportionate manner.