Alice-Mary Higgins (Independent) | Oireachtas source

I support both of these amendments. The Minister indicated earlier that a form of index is available, but there are a few crucial questions in that regard. This is one of the fundamental asks. We know there are thousands of documents of extraordinarily diverse nature. It is important that we know exactly what we are dealing with so that we know the appropriate way to deal with these documents. It is important that there should be a single index. For the same reasons that we wanted a single repository, there must be a single index outlining exactly what the commission has passed on. I have mentioned the fear of slippage of some of the relevant records. There must be an index of everything the commission has handled, but not only that; there must also be a subsidiary index outlining exactly which records have gone to the Child and Family Agency. The overall index is crucial for posterity, and for the appropriate repository which I hope will one day be constructed in consultation with those most directly affected.

In the interim, it is also very important that we would have a clear index of exactly which records lie with Tusla. That includes that agency's own records and those of other bodies. That index of records should be available to the Adoption Authority of Ireland and other organisations that might need to access the files. The index should be accessible so that people seeking access or information to exercise their legitimate rights under the GDPR can know where information might be found. I would like to underscore for the Minister that there can be no such thing as blanket refusal of rights under Article 15 of the GDPR. Every individual instance must be weighed up and deemed necessary and proportionate. Both the Minister and the body concerned will be dealing with subject access requests.

I have a related concern with regard to section 3(2). It relates directly to the question of the index, how it might be constituted and one reason it might be important to have an anonymised index. Under the section, when the agency is examining documents for a legitimate purpose such as maintaining the database, keeping records, managing information and so forth, it is restricted from effecting access or causing or requiring any person to effect access to personal data. I am concerned that this may inadvertently prevent certain documents being processed or records being recognised. A subject access request is a different matter, but an anonymised index would be useful for compliance purposes in cases where a suite of issues must be addressed or a maintenance issue arises.

I would like to offer a final reminder with regard to amendments Nos. 25 and 27. I know I keep going back to this issue and I know that the Adoption Authority of Ireland is not getting the files for now. This is not a new suggestion originating in this House. It was always envisaged. I know the commission has its own index, but I remind the Minister again that the 2017 legislation envisaged an index of all of the records and a searchable electronic database.