Dáil Éireann Debate, Tuesday - 1 December 2020
538. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth the progress made in the past month in relation to making information available from the evidence collected in the preparation of the mother and baby home report to persons seeking to find out about their children who were in the homes or children born in the homes trying to trace their parents; and if he will make a statement on the matter. [40444/20]
View answerAs the Deputy will be aware, the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020 provides that the Commission will be dissolved on 28 February 2021. The records of the Commission will be transferred to my Department by that date; including a copy of a relevant database which will also be supplied to Tusla in accordance with the provisions of the Act.
My officials are working to ensure the Department is fully prepared for receipt of these records and equipped to handle subject access requests in respect of them. In that regard, they are also 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.
As certain records may contain mixed personal data, it is vital that my Department, in processing subject access requests, ensures that the rights of all parties are protected.
