Mother and Baby Institutions Payment Scheme Act 2023
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Use of database and records of Commission of Investigation into Mother and Baby Homes | ||
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53. (1) The Chief Deciding Officer may, to the extent necessary and proportionate for the performance by him or her of his or her functions under this Act, access and process personal data and 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 , for the purpose of the performance of his or her functions under this Act. | ||
(2) The Chief Deciding Officer may share with an appeals officer personal data and special categories of personal data accessed from the copy of the database and copy of the related records to the extent necessary and proportionate for the performance by the appeals officer of his or her functions under this Act. | ||
(3) The Child and Family Agency may, to the extent necessary and proportionate for the performance by it of its functions under this Act as an information source— | ||
(a) access and process personal data and special categories of personal data contained in the database and the related records, and | ||
(b) disclose to the Chief Deciding Officer the data referred to in paragraph (a). | ||
(4) For the avoidance of doubt, the Act of 2004 shall not operate to prevent the Chief Deciding Officer or the Child and Family Agency from accessing and processing personal data and special categories of personal data in accordance with subsections (2) and (3). | ||
(5) 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 Act of 2004 received by the Commission, | ||
(b) any document created by or for the Commission within the meaning of section 43 of the Act of 2004, or | ||
(c) a copy of any such evidence or document, | ||
from which information was obtained for the purpose of creating the database. |