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The Government has clarified that adopted persons and survivors of maternal and child homes have a legal right to access their personal data.
A government statement tonight said the cabinet had had a “detailed reflection” on the issues raised in recent days, saying it “recognizes and regrets the genuine pain felt by many people.”
Children’s Minister Roderic O’Gorman said he consulted with the Attorney General’s office, who confirmed that GDPR laws apply to the Mother and Baby Household Investigation Commission file.
“That is an important clarification that we have now. It is not the solution to all problems related to access to information, but it is a significant advance and I welcome that clarification,” he told RTÉ News.
However, this will not be an absolute right, and anyone seeking to obtain information from the file through the GDPR will need to demonstrate that their request does not infringe the rights of others.
They must also show that your request does not undermine the processes of the Investigation Commission or the cooperation of witnesses with other Investigation Commissions in the future.
The government also outlined plans to collaborate with the Data Protection Commissioner and the children’s and families agency, Tusla, to ensure that citizens’ rights are fully respected when it comes to accessing data related to the homes of mothers and families. babies.
Cabinet has agreed that additional resources will be made available when necessary to ensure that those rights are fully implemented.
He said he would work to formally and nationally establish an archive of records related to institutional trauma during the 20th century.
This includes archiving relevant records and witness testimonies from victims and survivors.
🟢 Department with @Tusla will commit to @DPCIreland to guarantee the rights of access to personal information, under the data protection leg and GDPR are fully respected and implemented
🟢 Health and wellness supports for survivors of @HSE (👉 this was first suggested in 2018 with no signal so far).– Ailbhe Conneely (@AilbheConneely) October 28, 2020
Minister Roderic O’Gorman said that a report from the Commission of Inquiry on Maternal and Child Homes will be published “as quickly as possible.”
The report, which examines 18 homes for mothers and babies and four homes in the county, will be presented to his department on Friday before being forwarded to the Attorney General’s office for review.
“There is universal agreement among all ministers that we want this report to be published as quickly as possible,” Minister O’Gorman told RTÉ News.
When asked if it will be this year, he said it depends on the work of the Attorney General: “We owe it to the survivors so that the information in the report comes out as quickly as possible,” he said.
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Read more:
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President Signs Mother and Baby Homes Bill
The legislation on maternal and child homes passes through Dáil
Social Democrat TD Holly Cairns said: “Fortunately, after two weeks of public pressure, the government has responded to two of the key requests from survivors and activists, and the minister keeps a copy of the file and allows access to personal information.”
“This is the first step, much more is needed to bring justice to the survivors.”
The government was caught off guard by the force of the backlash against the decision to pass a new law related to the records collected by the investigation, and the TDs have received a large volume of complaints.
Activists said the legislation was rushed through the Oireachtas and the minister missed an opportunity to ensure wider access to the records secured by the commission.
Most of the material will go to the National Archives, where it will be sealed for 30 years.
The bill, which has now been signed into law by President Michael D Higgins, provided for the transfer of some of the records to Tusla.
O’Gorman will also lay out plans for previously announced legislation to allow further excavations at the former mother and baby home in Tuam, Co Galway.
The burial bill for certain institutions was announced by the former minister for children, Katherine Zappone, but it did not go through pre-legislative scrutiny in January because elections were called.
Reporting to Sandra Hurley
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