Written answers

Thursday, 3 December 2020

Department of Children and Youth Affairs

Mother and Baby Homes Inquiries

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

115. To ask the Minister for Children and Youth Affairs the extent to which he has developed the necessary structures to reassure victims of mother and baby homes that their interests are fully protected including accessibility to records; the protection of all such records and that the fears expressed by victims are fully acknowledged and assuaged; and if he will make a statement on the matter. [40656/20]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

The purpose of the Commission of Investigation (Mother and Baby Homes and certain related matters) Records, and another Matter, Act 2020 was to preserve the records of the Commission and to ensure that they would be transferred to my Department without redaction. In addition, the Act provided for the transfer of a database to Tusla so that ultimately, it could be used for information and tracing purposes. As such, the intention of this legislation was always to take these necessary and urgent steps in the interests of former residents and with a view to supporting access to information.

The records will be protected, and my Department is now working intensively to ensure that it is adequately resourced to handle potentially large volumes of subject access requests.

The fundamental principles of GDPR will apply to these records as they do to any others: a person has a right to their personal data, but this is not an unqualified right. The release of that data must also not adversely affect the rights and freedoms of others. The Department is liaising with the Office of the Attorney General to clarify the nature of the balancing tests which must apply to the release of personal information, both under the GDPR itself as transposed by the Data Protection Act 2018, and under section 39 of the Commissions of Investigation Act 2004, as amended by the Data Protection Act 2018.

Comments

No comments

Log in or join to post a public comment.