The Department and Tusla must publish their data processing impact assessments for true transparency in how personal data will be given to survivors – Seery-Kearney

Fine Gael Senator Mary Seery-Kearney has said the Department and Tusla must publish their data processing impact assessments for true transparency in how personal data will be given to survivors of Mother and Baby Homes.

The Seanad spokesperson on Children, Disability, Equality, Integration and Privacy Rights said: “I welcome the clarification by the Minister, following the cabinet meeting earlier this week, that GDPR applies in relation to all personal data about them held by the Minister and Tusla.

“It is sincerely and deeply regrettable that the last two weeks have been so hurtful and stressful for survivors.

“The most important message now is that survivors must be at the centre of all decision making, including the application of GDPR.

“I am hopeful that the Minister’s clarification now sets us on a road to ensuring their needs are met in knowing their early life history and finding answers.”

Senator Seery-Kearney continued: “The Minister confirmed to me that both his Department and Tusla have and are undertaking Data Processing Impact Assessments (DPIAs) in anticipation of the receipt of all of the Commission’s documents and records, and especially in relation to the database, the subject of the recent legislation.

“I am urging the Minister and Tusla to publish these Assessments for absolute transparency and to ensure that survivors, their representatives and advocates know in advance of submitting data subject access requests how the necessary balance of all of the rights engaged in such a request will be administered.

“While publication of DPIAs are not a necessity of GDPR, I believe to publish it in this instance would strongly demonstrate the Government’s commitment to ensuring that survivors are empowered to obtain their information if they so wish.

“In addition, a process to expedite full identity tracing and supports must be put in place and I called for this to be brought to the Joint Oireachtas Committee for Children, Disability, Equality and Integration, of which I am a member, as a matter of urgency.

“It is important to reassure those who contributed to the Commission, in particular to the Confidential Committee and did not want their identities to be known, that this clarification does not affect their confidentiality.”

Senator Seery-Kearney concluded: “I have no doubt that the content of the report will be very distressing for the survivors, and indeed to all who read and hear about it.

“It is important that we embrace its content and move to a place of reconciliation with our past and healing in our present especially for those whose lives were so deeply impacted.”

ENDS