Seanad debates

Wednesday, 15 June 2022

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

 

10:30 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I fully agree with the Senator that everybody should be able to use their rights under the GDPR to make a subject access request. I assure the Senators that the Bill does not restrict in any way a person's right to apply for his or her information through the alternative route of a subject access request. We do restrict GDPR rights in a very limited way in the legislation, as set out in section 68. It is a requirement under the GDPR to set out clearly the articles that are limited. Section 68 states that Articles 12, 14, 18 and 21 are affected. The restrictions are limited and are introduced only to ensure the full operation of the legislation and, most importantly, the full release of all information in every circumstance. The central nub of what we are trying to achieve with this legislation is that there should be no reason that an adopted person's information would be refused. That is why we have to limit the GDPR rights of other parties, particularly those of parents, in certain circumstances.

Section 68 clearly states which articles of the GDPR are impacted. Article 15 is not listed. There is no need for these amendments because there is no limitation on Article 15. There is full provision for subject access requests and this legislation does not impact on that in any way.

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