Birth Information and Tracing Act 2022
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Relevant body or Authority to provide medical information relating to genetic relative of relevant person on application by relevant person | ||
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16. (1) A relevant person who has attained the age of 18 years may apply in writing to a relevant body for the provision by the relevant body to him or her of medical information that— | ||
(a) is contained in a record to which this section applies that is held by it, | ||
(b) relates to his or her genetic relative, and | ||
(c) is, in accordance with this section, relevant to the health of the relevant person. | ||
(2) A relevant body that holds a record to which this section applies, on application to it under subsection (1), shall provide the relevant person concerned with the information to which the application relates only— | ||
(a) where it is satisfied, including having regard to guidelines issued under subsection (6), that the information applied for is relevant to the health of the relevant person, and | ||
(b) through the medical practitioner or, where the relevant person is in a place outside the State, a person holding an equivalent qualification in the place, nominated by the relevant person. | ||
(3) A relevant person who has attained the age of 16 years but who has not attained the age of 18 years may apply in writing to the Authority for the provision by it to him or her of medical information that— | ||
(a) is contained in a record to which this section applies that is held by the Authority or by the Agency, | ||
(b) relates to his or her genetic relative, and | ||
(c) is, in accordance with this section, relevant to the health of the relevant person. | ||
(4) The Authority, on application to it under subsection (3), shall provide the relevant person concerned with the information to which the application relates only— | ||
(a) where it is satisfied, including having regard to guidelines issued under subsection (6), that the information applied for is relevant to the health of the relevant person, and | ||
(b) through the medical practitioner or, where the relevant person is in a place outside the State, a person holding an equivalent qualification in the place, nominated by the relevant person. | ||
(5) In providing medical information in accordance with subsection (2) or (4), the relevant body or Authority, as the case may be, shall comply with any regulations under section 67 and guidelines under this section and section 19 (1) and shall not disclose— | ||
(a) the name, or | ||
(b) the genetic relationship with the relevant person, | ||
of the genetic relative to whom the information relates. | ||
(6) The Minister may issue guidelines in respect of the type of medical information relating to a genetic relative that is, or is likely to be, relevant to the health of a relevant person. | ||
(7) In preparing guidelines under subsection (6), the Minister may consult with such persons, including persons with expertise in the area of hereditary medical conditions, as he or she considers appropriate. | ||
(8) Where a relevant body that receives an application under subsection (1) or (3) does not hold the information to which the application relates, it shall, in writing and without delay, inform the relevant person concerned of that fact. | ||
(9) For the purposes of this section, medical information the subject of an application under subsection (1) or (3) is relevant to the health of a relevant person where— | ||
(a) it relates to a medical condition of the genetic relative concerned, or the absence of such a condition, and | ||
(b) by virtue of the genetic relationship between the relevant person and the genetic relative concerned, access by the relevant person to the information is likely to be of substantial benefit to the maintenance or management of the person’s health or the health of another person related to the person. |