Lewis, Chris G. on Friday, March 11, 2005 at 10:22 AM said:-
> This, in my view, leads to a confusing situation as it is an
> established legal principle that unborn children have no
> legal rights, but that they do have certain protections under
> specific laws. Therefore the "protections" under the DPA
> would apply, but the "rights" wouldn't (at least until it was born).
That does not seem to cause any new conflicts within the DPA, as personal
data would continue to be processed within the legal regime, but the parents
would not be able to exercise any of the rights of the unborn child.
Considering situations where an unborn childs rights are thought to override
a mothers rights, with the consequence of creating potential for
manipulation of the mother by the father and other interested parties, that
is perhaps an easy DPA answer.
Of course, common beliefs have the potential to create one set of
viewpoints, but equally there can be great danger in finely focused answers
or strict religiously documented conduct. At least most DPA regulations are
generally sufficiently flexible to allow avoidance of many routine pitfalls.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Lewis, Chris G.
> Sent: Friday, March 11, 2005 10:22 AM
> To: [log in to unmask]
> Subject: Re: Unborn child - DPA living individual
>
>
> In the UK the "murder" of an unborn child is merely an
> offence under the Infant Life (Preservation) Act. In order to
> actually murder a child the child must "have an existence
> independent of its mother", and to have such an existence the
> child must have been "wholly expelled from its mothers body
> and be alive". You can however murder a child which has been
> born by having caused it injury whilst it was in the womb.
>
> Slightly off topic, though.
>
> Due to piqued curiosity, I've spoke to the Information
> Commissioner's office and the view there (from the individual
> I spoke to) was that as "living individual" is not defined in
> the DPA, it will be a wider legal issue as to whether a
> foetus is a "living individual". It may therefore be
> appropriate to look to the abortion laws to ascertain the
> point at which a foetus becomes a living individual and
> therefore accrues rights/protections under the DPA.
>
> This, in my view, leads to a confusing situation as it is an
> established legal principle that unborn children have no
> legal rights, but that they do have certain protections under
> specific laws. Therefore the "protections" under the DPA
> would apply, but the "rights" wouldn't (at least until it was born).
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Roland Perry
> Sent: 11 March 2005 10:02
> To: [log in to unmask]
> Subject: Re: [data-protection] Unborn child - DPA living individual
>
> In message <[log in to unmask]>, at 09:30:16 on
> Fri, 11 Mar 2005, datap <[log in to unmask]> writes
> >I would think that the infant becomes a "living individual"
> once it is
> >registered as such on being born.
>
> iirc you have something like a month to register the birth.
> I'm sure the baby is living individual during that time.
>
> The Americans are acutely aware of the issue of when babies
> become a life, as some pressure groups there want the murder
> of a pregnant mother (and hence the unborn child) to count as
> "two" strikes (and you are out).
> --
> Roland Perry
>
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