Seanad debates

Wednesday, 15 June 2022

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage

 

10:30 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I move amendment No. 42:

In page 64, between lines 31 and 32, to insert the following:
"(2) For the avoidance of doubt, no Articles of the General Data Protection Regulation, other than those referred to in paragraphs (a), (b), (c)and (d)ofsubsection (1), shall
be restricted in the performance of functions or fulfilment of obligations provided for in this Act.".

These amendments seek to ensure that, other than the limitations described in section 68, no element of the GDPR shall be restricted by any provision of this Bill. During pre-legislative scrutiny, the Joint Committee on Children, Equality, Disability, Integration and Youth explicitly recommended that the Bill be amended to provide a statutory right of access to the administrative records, wherever they are held, of all adoption agencies, institutions, State bodies and others involved in forced family separation for natural and birth mothers, survivors, adopted people and others placed in care. The core point is that people should have access to all their own records and must, under EU law, be able to make a data subject access request under Article 15 of the GDPR.

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