Written answers

Tuesday, 6 July 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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81. To ask the Minister for Children, Equality, Disability, Integration and Youth the basis on which records relating to health are being withheld from persons making data subject access requests in respect of records of the Commission of Investigation into Mother and Baby Homes held by his Department; his plans to ensure that such persons are provided with their health records in full; and if he will make a statement on the matter. [36283/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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My Department is currently responding to subject access requests from individuals whose personal data is contained in the archive.

The policy of my Department is to release to individuals who request their personal information as much information as legally possible from the Commission’s archives, consistent with the approach required under the GDPR.

Under 1989 Regulations (S.I. No. 82/1989 - Data Protection (Access Modification) (Health) Regulations, 1989), my Department, as a data controller, must act in a certain way when records contain “health” data. Where there is “health” data, my Department is required by the regulations to engage in a consultation procedure with the requestor’s health practitioner before supplying them with any of this data.

The Statutory Instrument does not enable my Department to exercise discretion in this work and requires consultation with an appropriate health practitioner in all cases.

My Department is therefore currently releasing all other non-health related information and asking the requestor to give it the details of their health practitioner and consent to it consulting them. Once the requestor’s medical practitioner has reviewed the personal data and has determined that it can be released, my Department will release the personal data in question to the requestor.

My officials have consulted the Data Protection Commission in relation to the matter. Following consultation with the Office of the Attorney General, I consider that it would be preferable if new Regulations are made and that it is important that such Regulations would be made at an early date.

Any new Regulations would apply generally to access to health data and to data controllers in both the public and private sectors. I have written to the Minister for Justice and the Minister for Health to raise the making of new Regulations as a matter of urgency. The making of new Regulations continues to be a priority for me and my Department.

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