Written answers

Tuesday, 18 May 2021

Department of Children, Equality, Disability, Integration and Youth

Mother and Baby Homes Inquiries

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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601. To ask the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 127 of 6 May 2021, the number completed and the number outstanding of the 158 subject access requests received by the Department relating to the archive; the number completed within one month; the number informed that a two month extension is required; the number completed within the three month period; the number outstanding for more than three months; and if he will make a statement on the matter. [26159/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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In my reply to Question No. 127 of 6 May 2021 referred to by the Deputy, I indicated that 158 subject access requests (SARs) had been received by my Department.  Since then, an additional two SARs have been received by my Department as of Friday 7 May last.

The total number of SARS now received is 160. 

Once a SAR is received, the identity of the requestor is verified and the SAR is then processed. The deadline for responding to SARs begins to run from the time the identity of the requestor is verified.

The identity of the requestor has been verified in respect of 100 requests.

The number completed is 8.

The number outstanding is 152.

The number completed within one month is 8.

The number informed that a two month extension is required is 74.

The number completed within three months is 8.

Responses are not outstanding in any case for a period in excess of three months.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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602. To ask the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 127 of 6 May 2021, if he will confirm that the audio and transcript record of interviews will be released to those making a subject access request for all personal data relating to the archive held by his Department; and if he will make a statement on the matter. [26160/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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On 28 February, with the dissolution of the Mother and Baby Homes Commission of Investigation, the Department of Children, Equality, Disability, Integration and Youth (‘the Department’) became the data controller for all the personal data contained in the records and databases (including those of the Confidential Committee) that transferred from the Commission.

Everyone has the right to access their own personal data and can make a subject access request to my Department in respect of their own personal information.  Former residents of Mother and Baby Homes can now make a Subject Access Request (SAR) to my Department for access to their record including the audio recordings and transcript records of the interviews. Subject access requests must be individually considered and in providing each person with a copy of their personal data, consideration must be given to the overarching principle that the release of personal data must not prejudice the rights and freedoms of others.  My Department, as a data controller, is responding to each data subject in accordance with its GDPR obligations.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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603. To ask the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 131 of 6 May 2021, if he will provide a copy of the guidelines and training received by the relevant 27 officials and to which they are operating; and if he will make a statement on the matter. [26161/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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In my reply to Question No. 131 of 6 May 2021 referred to by the Deputy, I indicated that officials in my Department who process subject access request (SARs) from individuals completed data protection training delivered by external consultants to ensure that they are appropriately equipped to respond to requests in respect of the archive.   I have asked my officials to make arrangements to provide the Deputy with a copy of the slides from the data protection training.

When responding to individuals who make subject access requests and other data subject requests, my Department seeks to comply with the General Data Protection Regulation. In order to assist the processing of subject access requests and to vindicate the rights of data subjects, my Department, in consultation with the Attorney General, developed Guidelines which set out the steps that must be taken in response to each subject access request. Each request must be considered on its own merits. I have asked my officials to make arrangements to provide the Deputy with a copy of the Guidelines.

My Department is cognisant of its obligations as a data controller and is seeking to ensure in all cases that it responds to data subject requests in accordance with its GDPR obligations.

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