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    Legal Opinion. Opinion on the application of the Irish Constitution and EU General Data Protection Regulation to the Adoption (Information and Tracing) Bill 2016 and the Government’s ‘Options for Consideration’ dated 5th November 2019


    Ring, Sinéad (2019) Legal Opinion. Opinion on the application of the Irish Constitution and EU General Data Protection Regulation to the Adoption (Information and Tracing) Bill 2016 and the Government’s ‘Options for Consideration’ dated 5th November 2019. White Paper. Adoption Rights Alliance, Dublin, Ireland.

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    Abstract

    1. This opinion discusses the application of both the Irish Constitution and the EU General Data Protection Regulation (GDPR) to the question of legislating to allow adopted people to know their identity at birth. 2. The opinion analyses the Government’s Adoption (Information and Tracing) Bill 2016, including the Government’s proposed amendments to that Bill.1 It takes into account the ‘4 Options for Consideration’ provided by Minister Katherine Zappone to stakeholders on 5th November 2019. It further considers the alternative legislative proposals put forward by a number of Senators in summer 2019.2 3. This document focuses on the parts of those varying legislative proposals that concern the release to an adopted person of sufficient information to enable them to access their publicly registered birth certificate in the General Register Office (GRO). 4. Although it is beyond the scope of this opinion, we note that the issue of access to files (beyond birth certificates) for parents and adopted people also raises significant questions of both constitutional and European data protection law and requires further considered analysis.

    Item Type: Monograph (White Paper)
    Keywords: adoption; GDPR rights;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 15351
    Depositing User: Sinead Ring
    Date Deposited: 28 Jan 2022 10:21
    Publisher: Adoption Rights Alliance
    Refereed: Yes
    URI:

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