Mother and Baby Institutions Payment Scheme Act 2023

Use of certain archives

54. (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 an archive to which this section applies, 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 an archive to which this section applies, to the extent necessary and proportionate for the performance by the appeals officer of his or her functions under this Act.

(3) The Minister may, where he or she considers the archive may contain records relevant to the performance by the Chief Deciding Officer of his or her functions under this Act, in particular that of establishing or verifying an applicant’s residence in a relevant institution and the length of the period of such residence, or verifying information provided in an application, prescribe an archive to be an archive to which this section applies.

(4) In this section—

“archive” means a collection of records, in the possession of, compiled by or maintained by an information source, relating to either or both of the following:

(a) a relevant institution;

(b) the admission to, residence in or discharge from a relevant institution of a person;

“record” includes—

(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d).