Áine Brady (Kildare North, Fianna Fail)

I cannot accept the Senator's amendment because it does not respect the rights of the individual being assessed. The provision of a care needs assessment report to a nursing home is ultimately a matter for the individual or, where relevant, the individual's representative and the nursing home. A care needs assessment report will contain sensitive information regarding a person's health and well-being, and it would not be appropriate for the HSE to ignore a person's right to confidentiality in this regard.

Specifically, it is considered that the provision of the care needs assessment report to a nursing home without a person's prior consent would be in contravention of section 2(b) of the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003 in respect of the processing of sensitive data. Section 7(13) was introduced on Report Stage of the Bill in the Dáil at which time Deputy Reilly welcomed the introduction of this provision, noted that it addressed his concerns that care needs assessments could be shared with nursing homes and acknowledged the absolute need for prior consent.