The groups welcome access to data on maternal and child homes

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Representative groups of former residents of maternal and child homes have welcomed the Government’s announcement last night on access to information for those affected by “historical” abuses.

The Government has clarified that adoptees and survivors of maternal and child homes have the legal right to access their personal data.

However, those seeking information via GDPR laws will need to show that their request does not infringe on the rights of others.

A dispute over the treatment of confidential data currently in the possession of the Households for Mothers and Babies Investigation Commission has caused widespread distress for adoptees and survivors, and sparked a political backlash that has taken the coalition by surprise.

In a statement, the government said it had a “detailed reflection” on the issues raised in recent days and “recognizes and regrets the genuine pain that many people feel.”

Children’s Minister Roderic O’Gorman said he consulted with the Attorney General’s Office, who confirmed that GDPR laws apply to the archive, meaning that individuals will have the right to access personal information.

However, he told RTÉ News that anyone seeking information will have to show that doing so does not infringe the rights of others and does not undermine the work of the commission of inquiry.

O’Gorman later clarified in a tweet that “the burden will fall” on the Children’s Department “to show why the restriction is necessary, not on the person seeking the information.”

In a joint statement, the Adoption Rights Alliance, Justice for Magdalenes Research and the Clann Project say that the Government’s commitment to work closely with the Data Protection Commission to vindicate the rights of people who suffered abuse due to forced family separation, it is a clear and welcome departure from previous policy.

Representative organizations have called for the swift recruitment of expert committees on data protection law, to administer the data protection obligations of the department and the Tusla Children’s and Family Agency.

They also suggest that independent expertise should also be provided to the Irish Adoption Authority and other institutional and adoption record keepers.

The Adoption Rights Alliance, Justice for Magdalenes Research, and Clann Project say the government’s announcement is relevant to their handling of the de facto “sealed” files of the McAleese Committee and the Ryan Commission, among other commissions of inquiry and additional sources of records of closed, secret, forced adoption and related “historical” abuses.

They point out that the GDPR also applies to non-state data controllers.

With regard to the promise of a national archive of records related to institutional trauma during the 20th century, representative groups welcome the opportunity for Ireland to establish a world-leading inclusive human rights-based approach to recognizing and documenting its institutional gender history and – related abuse.

“The State must start from the previous habits of excluding and compartmentalizing people. No one can be left behind,” they say.

All three organizations say they hope to work with the Oireachtas Children’s Committee on legislation that will underpin the national archive.

“Although the RGPD is already applied, specific legislation is desirable to give more clarity on the rights of personal data, but also crucially to allow access of those affected, first and foremost, to broader administrative records.”

On the timeline for the release of the report, which will be delivered to Minister Roderic O’Gorman tomorrow, they say it should allow the Attorney General to decide whether the prosecutions could be affected by the publication of sections of the report.

“We hope that the Garda Commissioner will also be involved in that deliberation on the prosecutions that could result. This is important work and must be considered very carefully.”

They have welcomed other measures announced by the Government, including the provision of aid for the health and well-being of those who wish to take advantage of them and their commitment to follow through with the legislation to foresee sensible and appropriate actions in the cemetery of Antigua. maternal and child home in Tuam.

Minister O’Gorman said that while the government’s announcement on access to information is “important and meaningful” for survivors, it does not answer all the questions that have arisen regarding the issue.

Speaking on RTÉ’s Morning Ireland, he also said he is willing to meet with campaign groups and acknowledged that he should have “done more of that” when the initial legislation on databases was introduced.

“Anything that touches on the legacy issues in this country has a profound rawness for many survivors,” O’Gorman said. “So I am absolutely committed to working with survivors and advocacy groups.”

He said he made a mistake by not initially engaging with survivor groups, adding that he hopes “the sheer number of measures discussed yesterday” will be seen as a trust-building step.

The minister also said that the report of the Investigation Commission on Maternal and Child Homes will be published “as soon as possible.”

Additional reporting Mary Regan



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