Birth Information and Tracing Act 2022
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PART 6 Contact Preference Register | ||
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Contact Preference Register | ||
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38. (1) The Authority shall establish and maintain a register to be known as the Contact Preference Register, and referred to in this Act as the “register”. | ||
(2) The purpose of the register shall be to— | ||
(a) record the name and contact details of— | ||
(i) each person who makes an application under subsection (3), and | ||
(ii) each person to whom section 42 (1)(a) applies, | ||
(b) record the statements made, or deemed to have been made, under subsection (11) by persons referred to in paragraph (a), | ||
(c) record such further information as the Minister may prescribe under subsection (13), | ||
(d) facilitate the sharing of information or items lodged by persons under section 39 with the persons specified by them under that section, and | ||
(e) facilitate relevant bodies in the performance by them of their functions under this Act. | ||
(3) The following persons, where they have attained the age of 18 years, may apply, in accordance with this section, to have an entry made in the register in respect of him or her: | ||
(a) a person who is a relevant person; | ||
(b) a person who is, or who believes himself or herself to be, a parent of a relevant person; | ||
(c) a person who was a relevant guardian in relation to an adopted person; | ||
(d) the adoptive parent of an adopted child, whether the child is living or deceased; | ||
(e) the adoptive parent of an adopted person, where the adopted person is deceased; | ||
(f) a person who is, or who believes himself or herself to be, a relative of a relevant person; | ||
(g) where a parent of a relevant person is deceased, a person who, in the opinion of the Authority, had a sufficiently close connection with the parent that he or she is likely to be in possession of information that the relevant person would be willing to be provided with; | ||
(h) a person who provided care to a relevant person as part of a care arrangement. | ||
(4) An application under subsection (3) shall be made in such manner, and accompanied by such information, as the Authority, having regard to the matters referred to in subsection (2), may specify. | ||
(5) Other than where it makes an entry in the register under section 42 (1)(a), the Authority— | ||
(a) prior to making an entry in the register, shall inform the person in respect of whom the entry is to be made of the following: | ||
(i) the purpose for which, and the legal basis on which, personal data, including special categories of personal data, contained in the entry may be processed; | ||
(ii) the circumstances in which the information contained in the entry may be disclosed to a third party; | ||
(iii) his or her right under subsection (8) to request— | ||
(I) the amendment of the information contained in the entry, and | ||
(II) the cancellation of the entry, | ||
and | ||
(b) shall make an entry in the register only where the person in respect of whom the entry is made has, in such manner as may be determined by the Authority, provided his or her consent to the making of the entry. | ||
(6) The Minister may, at any time, issue directions in writing to the Authority in relation to the making of entries in the register, and the Authority shall comply with such directions. | ||
(7) An entry in the register in respect of a person may include the following information: | ||
(a) his or her forename and surname (including any forename or surname previously used by him or her); | ||
(b) his or her date of birth, if known to him or her; | ||
(c) his or her address and such other contact details as the Authority may specify; | ||
(d) the paragraph of subsection (3) that applies to him or her; | ||
(e) in the case of a person to whom subsection (3)(a) applies, where applicable and known— | ||
(i) the name of his or her parents, relatives and relevant guardian, | ||
(ii) the place at which care was provided to him or her as part of a care arrangement, and | ||
(iii) the registered adoption society or accredited body that made arrangements for his or her adoption; | ||
(f) in the case of a person to whom paragraph (b), (c), (d), (e), (f) or (h) of subsection (3) applies, the information specified in subparagraphs (i), (ii) and (iii) of paragraph (e) that relates to the relevant person concerned, insofar as it is applicable and known; | ||
(g) any statement made by him or her under subsection (11); | ||
(h) such details relating to a person specified by him or her in his or her statement under subsection (11) as he or she may provide; | ||
(i) where the person is a parent who has made a statement referred to in subsection (11)(c), or the person specified in such a statement, whether an information session has been completed with the person in respect of the parent; | ||
(j) where the person has lodged information or an item under section 39 , the reference number referred to in section 39 (5)(c) in respect of the information or item. | ||
(8) A person in respect of whom there is an entry in the register may, in such manner as may be specified by the Authority, request the Authority to— | ||
(a) cancel the entry, or | ||
(b) amend or delete any information, including a statement under subsection (11) contained in the entry, but not including the information referred to in subsection (7)(i). | ||
(9) The Authority shall comply with a request made in accordance with subsection (8). | ||
(10) The information contained in an entry in the register in respect of a person shall, for the purposes of this Act, be deemed to be accurate until such time as the Authority may receive a request in accordance with subsection (8) in relation to the information. | ||
(11) A person, in a statement under this subsection, may state, in relation to such person (“specified person”) as he or she may specify in the statement, whether one or more of the following applies: | ||
(a) he or she is seeking to have contact with the specified person; | ||
(b) he or she is willing to be contacted by the specified person; | ||
(c) he or she is not willing to be contacted by the specified person; | ||
(d) he or she is seeking information in relation to the specified person and, if so, the nature of the information; | ||
(e) he or she is not willing to have contact with the specified person but is willing to provide information if requested by a specified person. | ||
(12) A person may provide the Authority with a statement under subsection (11)— | ||
(a) when making an application under subsection (3), or | ||
(b) where there is an entry in the register in respect of him or her. | ||
(13) The Minister, following consultation with the Authority, may by regulation— | ||
(a) prescribe information for the purpose of subsection (2)(c), and | ||
(b) provide for such further matters as he or she considers necessary for the effective operation of the register. | ||
(14) In this section and section 39 , “consent” shall be construed in accordance with the General Data Protection Regulation. | ||
(15) In this section, subject to subsection (16), “relative” means, in relation to a relevant person, a person who is— | ||
(a) his or her parent, | ||
(b) a parent of his or her parent, | ||
(c) a sibling of his or her parent, | ||
(d) his or her sibling, or | ||
(e) a child of a sibling of his or her parent. | ||
(16) For the purposes of subsection (15)— | ||
(a) a reference to a parent of a person includes a reference to an adoptive parent of the person, and | ||
(b) a person is the sibling or child of another person whether or not the relationship depends on the adoption of a person, or whether the relationship is of the whole blood or half blood or by marriage. |