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I’m sorry to say I think there is reason to again be concerned about the data rights of children adopted out of Mother and Baby homes, despite the belated acceptance by the Minister last year that the GDPR applies to the Commission archive and records.
The Act passed by the Govt last year was enacted before they accepted that the GDPR applied
One of the provisions of that Act, Section 6, had the Commission to contact witnesses and ask them if they’d like their identity removed from papers before its transferred to the Minister
One of the provisions of that Act, Section 6, had the Commission to contact witnesses and ask them if they’d like their identity removed from papers before its transferred to the Minister
As the Minister was arguing at the time that the GDPR didn’t apply (which was wrong), Section 6 didn’t require there to be a balancing between the interests of competing data subjects- like the children of mothers.
The AG has accepted that balancing test is required, now.
The AG has accepted that balancing test is required, now.
There are lots of consequences for this and very little time to set it right.
But there is one urgent action I’d suggest for people if people want to preserve their data and prevent its deletion.
Make a SAR to the Commission- right now. Send them a photo ID with it.
But there is one urgent action I’d suggest for people if people want to preserve their data and prevent its deletion.
Make a SAR to the Commission- right now. Send them a photo ID with it.
Here’s a sample text in the next tweets.
Send it to [email protected]
Because material which is the subject of a Data Subject Access Request cannot be deleted once the request has been received.
Send it to [email protected]
Because material which is the subject of a Data Subject Access Request cannot be deleted once the request has been received.
“Dear Commission,
I wish to make an access request under the Data Protection Acts and the GDPR for a confirmation that you hold data relating to me, and to be given a description of the data, the purposes for which it is held, and a copy of any information you keep relating to
I wish to make an access request under the Data Protection Acts and the GDPR for a confirmation that you hold data relating to me, and to be given a description of the data, the purposes for which it is held, and a copy of any information you keep relating to
me
me, including stenographer, audio or other records. I am making this
request under Article 15.3 of the GDPR.
Please also cite the legal basis of such processing under Articles 6 and 9 of the GDPR.
To aid your identifying of such documents,
me, including stenographer, audio or other records. I am making this
request under Article 15.3 of the GDPR.
Please also cite the legal basis of such processing under Articles 6 and 9 of the GDPR.
To aid your identifying of such documents,
I was [Insert dates, times, descriptions, your history as you know it etc].
Please send all replies, including copies of all data to me at [insert either an email address or postal address, as you prefer]
Please acknowledge receipt of this request by return and confirm you
Please send all replies, including copies of all data to me at [insert either an email address or postal address, as you prefer]
Please acknowledge receipt of this request by return and confirm you
will set aside any intended deletion or redaction of the above-requested records under Section 6 of Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020, as required by the principles set out by the CJEU in C-378/17
The Minister for Justice and Equality and The Commissioner of the Garda Síochána v Workplace Relations Commission.
Thank you for your assistance.
Yours faithfully
______________
[Insert Name]
Thank you for your assistance.
Yours faithfully
______________
[Insert Name]
I have been slowly working on an analysis of Section 6 Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020 to blog.
But the pressure of knowing that time may be of the essence has prompted this thread, meantime.
But the pressure of knowing that time may be of the essence has prompted this thread, meantime.
Was alerted recently that the Commission has been writing out to people asking them if they would like this deletion to occur.
But the Minister’s 2020 Act doesn’t require this irrevocable processing request to consider if the data may also relate to another person.
No balancing
But the Minister’s 2020 Act doesn’t require this irrevocable processing request to consider if the data may also relate to another person.
No balancing
If you would like to help those whose data may be impacted by these deletions, please contact your local government TDs and let them know that S6 of the Act passed last November needs to balance the rights of everyone to the data the Commission holds about them.
Section 6 of the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, Act 2020 was drafted while the Minister @rodericogorman denied the GDPR applied.
This is a consequence of that mistake for these adopted people. He should ensure it is fixed
This is a consequence of that mistake for these adopted people. He should ensure it is fixed
@aitheantas This is probably relevant to the interests of your members.
For context, as you shouldn’t just take my word for this, some citations. Firstly, here’s the text of Section 6 of the Minister’s Act.
Secondly, here just how bad the Minister and his Department’s record is on understanding the application of the GDPR.
https://www.irishtimes.com/news/social-affairs/roderic-o-gorman-s-first-direct-contact-with-ag-was-in-october-1.4399352?mode=amp
https://www.irishtimes.com/news/social-affairs/roderic-o-gorman-s-first-direct-contact-with-ag-was-in-october-1.4399352?mode=amp
Here is the short essay I sent in the Gist, setting our why the GDPR did apply and why the Minister and his Department were (embarrassingly) wrong.. https://thegist.substack.com/p/mothers-babies-homes-and-their-data
Oh dear.
As @maeveorourke has just revealed The Commission is still holding to the position the Minister finally had to abandon last Oct and is claiming domestic law gives it an exemption from the GDPR’s requirement to provide people with their data that it holds. https://twitter.com/maeveorourke/status/1348385421202513922
As @maeveorourke has just revealed The Commission is still holding to the position the Minister finally had to abandon last Oct and is claiming domestic law gives it an exemption from the GDPR’s requirement to provide people with their data that it holds. https://twitter.com/maeveorourke/status/1348385421202513922
Specifically the Commission is claiming national legislation is superior to people’s EU law rights of data access: https://twitter.com/maeveorourke/status/1348385682042056711
I have now put up a post with the sample letter in an easy to cut-and-paste single block of text. https://www.mcgarrsolicitors.ie/2021/01/11/sample-data-request-letter-for-the-mother-and-baby-home-commission/
I should have made this clear up above;
The SAR requests should be made because the Commission of Inquiry has been told by the Minister, in Section 6 of the law he brought in last year, to offer to remove personal data *before* its records reach him.
It would then be gone gone.
The SAR requests should be made because the Commission of Inquiry has been told by the Minister, in Section 6 of the law he brought in last year, to offer to remove personal data *before* its records reach him.
It would then be gone gone.
The fight which was won last year was to force the Minister to admit that EU law meant he couldn’t “seal” people’s records - the story of people’s lives- away for 30 years.
But he won’t have to seal it if it’s been deleted without balancing competing rights by the Commission 1st
But he won’t have to seal it if it’s been deleted without balancing competing rights by the Commission 1st
Making the SAR (Subject Access Request, which is jargon for asking about your own data) should *should* freeze the working of Section 6 and force any request to delete data to be balanced with your right to know about the facts of your own life.
