Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Seanad amendments Nos. 16, 27, 41, 62, and 270 to 273, inclusive, inserted provisions to ensure that information is sourced, used and stored correctly and in compliance with data protection obligations.

Seanad amendment No. 16 brings the Bill into compliance with the Data Protection Act by including a definition of "relevant information". This definition will enable interveners to know the categories of information that they can and cannot access.

Seanad amendment No. 27 inserts a new guiding principle into section 8. It seeks to ensure that the Bill complies with the Data Protection Acts by prescribing the data protection obligations that will arise for all interveners under the Bill. All interveners will be obliged not to attempt to obtain or to use information acquired in relation to a relevant person other than for the purposes of the decision. Interveners will also be required to ensure that the relevant information is safely stored to prevent unauthorised access, use and disclosure. Furthermore, a requirement is proposed which would require an intervener to dispose of the information when that information is no longer required.

Seanad amendments Nos. 41 and 62 remove the specific obligations on decision-making assistants as these are now covered by the obligation in Seanad amendment No. 27 which covers all interveners. Seanad amendments Nos. 270 and 271 introduce additional provisions into section 82 concerning the obligations that will apply to general visitors and special visitors when seeking records relating to a person with capacity difficulties. They will need to have access to such records mainly when they are investigating a complaint received by the director in relation to a person with capacity difficulties. The amendments require the general visitor or special visitor to seek the consent of the person with capacity difficulties prior to seeking the records in question. The consent requirement can be dispensed with where the person has a decision-making representative or an attorney under an enduring power of attorney. This is for the following reason. If the special visitor or general visitor is examining a complaint, it may often be against a decision-making representative or an attorney. It would not be appropriate, therefore, for the person against whom a complaint is potentially being made to have the possibility to refuse access by the special visitor or general visitor to the records in question. The amendments require the special visitors and general visitors to store records safely and to dispose of them when no longer needed. To ensure that these restrictions are complied with, the director will be obliged to carry out an annual check to ensure that special visitors and general visitors are complying with these obligations.

Seanad amendments Nos. 272 and 273 provide for the same provisions and obligations on court friends as are specified in relation to general visitors or special visitors.

Seanad amendment agreed to.

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