Tuesday, 17 September 2019
Department of Children and Youth Affairs
Adoption Records Provision
598. To ask the Minister for Children and Youth Affairs the restrictions now being placed on adopted persons that are tracing information on their birth families and particularly birth parents; her views on the policy of refusing to give identifying information in respect of birth parents particularly birth mothers on the grounds that this is in contravention of GDPR rules; and if she will make a statement on the matter. [37158/19]
Tusla and any other body providing information and tracing services must comply with their responsibilities under GDPR in relation to processing personal data and special category data. This requires them to take into account the rights of third parties and may require them to seek their consent before their data can be released. I am also aware that GDPR is impacting on the ability of third party organisations to share data with Tusla, which would assist them to identify and locate individuals.
I am aware of the adverse impact that GDPR is having on Tusla's ability to locate individuals for the purposes of information and tracing. The current difficulties arise because of the absence of a robust statutory basis for sharing of information in the context of information and tracing. I am planning to address this issue in the Adoption (Information & Tracing) Bill 2016 by putting in place the necessary statutory provisions.