Dáil Éireann Debate, Thursday - 7 October 2021
108. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will facilitate subject access requests from survivors seeking personal information from the archive of the Commission of Investigation into Mother and Baby Homes without the requirement for a nominated general practitioner; and if he will make a statement on the matter. [48687/21]
View answerAt the outset, I want to make it very clear that it is my position that is in not acceptable that a survivor has to give their GP's contact details before they get access to their health data on their file from the Commission archive.
Since this issue was brought to my Departments attention we have worked hard to resolve it.
Currently, under S.I No. 82 of 1989 – Data Protection (Access Modification) (Health) Regulations, 1989, as amended by section 68 of the Data Protection Act 2018, a data controller who is not a health practitioner is required to consult with an appropriate health practitioner before supplying any health data to the data subject concerned.
My Department, as a data controller, must apply the Regulations when records contain health data. Unfortunately, the Regulations do not enable the exercise of any discretion by the data controller and require consultation with an appropriate health practitioner in all cases.
As I have stated previously, I am not satisfied with the requirement to consult with an appropriate health practitioner in all cases. As the Regulations concern access to health data, the Minister for Health and his officials are leading on progressing new Regulations. Officials in my Department are engaging directly with officials in the Department of Health with a view to progressing the new Regulations as a priority.
The making of new Regulations continues to be an important matter for me and my Department. In the interim, my Department has advised requestors of a possible alternative option to access their health data, which is through Freedom of Information legislation. This route allows access to the same health information without any need to consult a health practitioner. A number of people have to date received their health data under FOI.
I am conscious that the current situation is very unsatisfactory for individuals seeking information, and I want to see the matter resolved as soon as possible. I will continue to work with the Minister for Health to address the situation.
