EU regulation could restrict genealogical research

Coolnabacky1873

I've been out of the loop for a bit here on this forum but I don't think there is a thread on this. It's from last month.

http://www.irishtimes.com/news/eu-regulation-could-restrict-genealogical-research-1.1440075

I think Ireland would lobby hard to 'water' this down as the current Govt realises the value of genealogical tourism.

L1011

The Scots would be troubled about this too I imagine, and I believe there's a lot of genealogy tourism to Italy amongst other countries. Purely wouldn't happen without records

Jellybaby1

I saw that report but maybe it won't happen unless all EU countries agree after all a lot of countries don't want to kill the goose that lays the golden egg viz., genealogical tourism. Perhaps they might clamp down on the online family trees though.

chughes

Correct me if I'm wrong but aren't you entitled to view any details which the government holds pertaining to you, free of charge ?

If this legislation were to go through, are you entitled to view your ancestors' details also free of charge as they would be yours by inheritance?

pedroeibar1

chughes wrote: »

Correct me if I'm wrong but aren't you entitled to view any details which the government holds pertaining to you, free of charge ?

If this legislation were to go through, are you entitled to view your ancestors' details also free of charge as they would be yours by inheritance?

That is incorrect. Very briefly any entity holding personal data on individuals is required to register with the data protection commissioner. The entity is bound by law to keep that data safe and secure. You as an individual have a right (not in all cases) to obtain a copy of what is held on you to ensure the data is correct, available only to those who should have access to it and used only for specific agreed purposes. So, with some exceptions you can obtain your own data. There is a fee, but it cannot be more than +/-€6. (The BMD fee at the GRO is well below the limit.)

The brief article in the IT in Coolnabacky’s link above does not give any real info, just statements by the GSI. I cannot see how the ‘law’ could be enforced although I can see valid legal justification as to why one’s birth and marriage certs could/should be covered under data protection law. Those using data are either data controllers or data processors. If the law is passed as outlined every genealogical site would become either of the foregoing and would have to conform to the DP code – in effect, they would have to shut down IMO. In the unlikely event that the proposed law proceeds in a watered down version, it would probably mean the introduction of a 100 year rule.

CeannRua

chughes wrote: »

Correct me if I'm wrong but aren't you entitled to view any details which the government holds pertaining to you, free of charge ?

If this legislation were to go through, are you entitled to view your ancestors' details also free of charge as they would be yours by inheritance?

You are kind of correct in question 1. If the FOI Acts apply to the public body in question then you can obtain your personal information free of charge. Some material is exempt from access though under both FOI and Data Protection even if it personal information.

I'm going to say no to question 2. I haven't read the legislation but don't understand your logic.

Some of the stuff in that Irish Times article is just incorrect or scaremongering. Data Protection applies to living people only. It mentions the parish records in the NLI but as these mostly go to 1880 only, Data Protection does not apply. I think some countries restrict access to BMD already - Australia? Personally, I think this is the correct approach.