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Survivors in homes of mothers and babies will be able to access their personal records consistent with GDPR rules, it may be disclosed.
Talking with him Children’s Minister Roderic O’Gorman said the Attorney General (AG) has clarified that access to individual records is possible, but that all cases will be evaluated on their individual merits.
“The Data Protection Commissioner raised a problem with respect to the 2004 Law. We referred that query to the AG and the AG has clarified tonight that the act does not exclude consideration of access to data by my department when we receive the commission file.
“Any request must comply with the requirements of GDPR, so we would have to consider whether it affects the rights of others.
“We will also have to assess whether any access restrictions are necessary to safeguard the operation of the commission.
“It is not absolute access by any means, but it is an important clarification from the Attorney General. We will examine each request on its individual merits,” he said.
When the Department is reviewing any request for access to data for the archive, the Department will have the burden of proving that an access restriction is necessary to protect the rights of others and protect the effective operations of Commissions of Inquiry.
The burden of proof is not to fall on the person seeking access, its officials said.
The issue of homes for mothers and babies dominated Wednesday’s cabinet meeting and was debated for 90 minutes.
At the meeting, the Minister for Children, Roderic O ‘Gorman, apologized to his colleagues for the difficulties caused to the government parties last week.
Ministerial sources have said that the meeting was “very collegiate” and was held with the aim of solving the problem.
Questions were asked of Attorney General Paul Gallagher about how individual survivors will be able to access their records under GDPR and sources have said it is possible.
Some ministers asked why this important clarification was not available last week amid the controversy.
During the long discussion in the Cabinet, the “deep shock” that was felt within the government was articulated with the ministers asking “how it was allowed to happen.”
“The ministers asked the AG to provide us with clarity regarding the GDPR issue and that is yet to come,” said one minister.
Sources at the meeting said that instead of ministers beating O’Gorman, they were seeking to help.
Norma Foley, Minister of Education and Minister of Art Catherine Martin emphasized the need to depoliticize the issue and put survivors at the forefront of government thinking.
Some central repository or national archive is likely to be used as a means of keeping records.
Several ministers said they sympathize with O’Gorman and said they felt “his officials disappointed him.”
There was unanimity for the 4,000-page report of the Commission on Maternal and Child Homes to be published “with the utmost urgency.”
In its statement, the Government said that it recognizes and regrets the pain felt by many people in Irish society.
The final report of the Mother and Baby Household Investigation Commission, scheduled for completion on Friday, October 30, will be published as soon as possible after it is received by the minister. Sources have said that it is likely to be before the end of the year.
The government will advance its work on the information and tracing legislation, with a view to its publication next year.
It will also urgently proceed with legislation to provide for sensible and appropriate action at the burial site at the former Home for Mothers and Babies in Tuam, Co Galway, and elsewhere where appropriate.
Fundamentally, the Government will work to establish a formal and national archive of records related to institutional trauma during the 20th century.
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