Dáil debates

Tuesday, 6 July 2021

Ceisteanna - Questions (Resumed) - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Adoption Services

9:25 pm

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats) | Oireachtas source

If mothers can already exercise their rights under GDPR, why can adoptees not do the same? As the Minister says, the legislation is about access to one's own information. For adoptees, it is about access to their birth certificates, a right still denied to them by the State despite GDPR guidelines, and it is also about access to other early-life information. A mother should be able to gain access to her own care and adoption files. Even under current data protection law, they can gain access to some information, but the scheme provides no mechanism for adopted people and natural mothers to access the administrative files of institutions, agencies and individuals involved in forced family separation. Many adopted people and their siblings, whether adopted or not, are eager to learn about each other and to be in contact. They are entitled to this under GDPR so they must be facilitated in this regard. The Bill needs to provide all affected people, including relatives of the deceased, with a clear pathway for immediate access to their records and administrative files. The Minister just said there could be a barrier where an individual has a deceased relative but, according to the experts, there is no way the deceased person's GDPR rights override those of a living relative.

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