What are the Legal Requirements for Organisations in Ireland to Investigate on Behalf of a Parent When the Child Has Turned 18?

Question from yoda, What are the Legal Requirements for Organisations in Ireland to Investigate on Behalf of a Parent When the Child Has Turned 18?

Answer from AI:

In Ireland, when a child turns 18, they are legally considered an adult. This means that they have the right to privacy and confidentiality, which extends to their interactions with various organisations.

General Legal Guidelines

Generally, organisations in Ireland are not legally required to investigate or share information about an individual who is 18 or older with their parents, unless there are specific circumstances that warrant such action. These circumstances could include situations where the individual is vulnerable or at risk, or where there is a legal obligation to do so.

Data Protection Act 2018

The Data Protection Act 2018, which incorporates the EU’s General Data Protection Regulation (GDPR), is the primary law governing the handling of personal data in Ireland. Under this law, individuals have the right to control their personal data, and organisations must respect this right. This means that, in most cases, organisations cannot share an adult’s personal data with their parents without the adult’s consent.

Exceptions

There are exceptions to this rule. For example, if the adult is incapable of managing their own affairs due to a mental or physical incapacity, a parent or guardian may be able to act on their behalf. However, this usually requires a formal legal process and the appointment of a guardian by a court.

When Legal Advice Might Be Necessary

If you are a parent seeking information about your adult child from an organisation, or if you are an organisation that has been asked to provide such information, you may need to seek legal advice. This is particularly important if there are complex issues involved, such as mental or physical incapacity, or if there is a dispute about the information.

Recommendations

• Consult with a legal professional for personalized advice.
• Refer to the guidance provided by the Data Protection Commission for more information about the Data Protection Act 2018 and GDPR.
• If you believe that an organisation has improperly shared your personal data, you can make a complaint to the Data Protection Commission.

Please note that this information is intended to provide a general overview and may not apply to all situations. Always consult with a legal professional for advice tailored to your specific circumstances.