Elements of the Birth Information and Tracing Bill, designed to help adopted people find their biological parents, are incompatible with GDPR, an Oireachtas committee heard today.
In separate opening statements to the Oireachtas Joint Committee on Children, Equality, Disability, Integration and Youth, solicitors Simon McGarr and Fred Logue told TDs and Senators that the bill also seeks to legislate for legal rights that are already covered by data protection laws.
Mr McGarr takes issue with the requirement for a mandatory information session in cases where a person seeks their birth certificate, but the parent has registered a “no contact” preference.
In his statement, M he states: “There is no legislative provision setting out what the purpose of this restriction would be as it is acknowledged that the record will be granted in all cases.”
He points out that any entity, including State entity, must provide any personal data it holds on an individual, upon their request.
Mr Logue describes the bill as “misconceived”.
“From my reading, the bill is drafted from the point of view that it is giving people a new right to access information that they currently don’t enjoy.
“However this point of departure is misconceived because adopted people already have a right to access to their information,” he will tell the committee.
Mr Logue said that the barriers to access are practical rather than legal because in many cases there is not enough information for adoptees to identify their own birth cert.