Birth Information and Tracing Act 2022

Processing of information contained in database and records of Commission of Investigation into Mother and Baby Homes

62. (1) The Agency may, where necessary and proportionate for the performance of its functions under this Act, process personal data, including special categories of personal data, contained in the database and related records.

(2) The Agency may, where necessary and proportionate for the performance by the Authority of its functions under this Act, disclose to the Authority personal data, including special categories of personal data, contained in the database and related records.

(3) The Minister for Children, Equality, Disability, Integration and Youth, where he or she is designated under section 61 as a relevant body, may, where necessary and proportionate for the performance by him or her of his or her functions as a relevant body, process personal data, including special categories of personal data, contained in the copy of the database and copy of the related records of the Commission deposited with the Minister under section 4 (1) of the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 .

(4) In this section—

“Act of 2004” means the Commissions of Investigation Act 2004 ;

“Commission” means the commission of investigation established by the Order of 2015;

“database” means the databases of residents of the institutions (specified in the Appendix to the terms of reference of the Commission set out in the Schedule to the Order of 2015) created by the Commission;

“Order of 2015” means the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 ( S.I. No. 57 of 2015 );

“related record” means—

(a) any evidence within the meaning of the Commissions of Investigation Act 2004 received by the Commission,

(b) any document created by or for the Commission within the meaning of section 43 of the Commissions of Investigation Act 2004 , or

(c) a copy of any such evidence or document,

from which information was obtained for the purpose of creating the database.