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DATA-PROTECTION  2006

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Subject:

Re: Obtaining Birth Certificates of Employees' Children

From:

Nick Landau <[log in to unmask]>

Reply-To:

Nick Landau <[log in to unmask]>

Date:

Wed, 12 Jul 2006 15:25:44 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (227 lines)

Paul Dodgson has written to me to point out that the Register is not open to 
view.

The Gloucestershire County Council website confirms this but adds:

"See http://www.gloucestershire.gov.uk/index.cfm?articleid=870 which 
confirms
what you say.

But it continues:

"A general search a search in the indexes conducted in person by the
applicant or someone on his/ her behalf during any number of successive
hours not exceeding six. By arrangement with the Superintendent Registrar a
person making a general search may have access to the indexes to the
registers of births, marriages and deaths but not to the registers
themselves. A certificate of any entry identified may be obtained on
completion of an application form and on payment of the appropriate fee.

If a person making a general search is uncertain whether a reference found
in the indexes relates to the entry for which he/she is searching, the
Superintendent Registrar, on being given definite details by which the entry
may be identified, will verify those particulars by reference to the
register. Any additional information from the entry can only be made
available in the form of a certificate. The cost of checking the first eight
references is covered by the general search fee, but an additional charge
will be made for each subsequent reference checked unless a certificate is
issued from the entry, in which case the certificate fee only will be
payable."

It also says on this page:

"Short Certificates
A short certificate shows only the name and surname, sex, date of birth and 
district of birth.

You are required to state the precise date and place of birth and the full 
name and surname of the person whose certificate is sought, with (as exactly 
as possible) the names and surnames of the parents and the mother's maiden 
surname. If you require a short birth certificate and are able to give full 
details please complete the form.. Unless the full particulars are given a 
short certificate may not be supplied."

Also

"Certificate for Specific Purposes

Certificates for specific statutory purposes (e.g. Department for Work and 
Pensions) are also available. If you have been asked to obtain such a 
certificate please place a tick in the appropriate box at 5C on the form."

I would have thought that if it is shown that a birth certificate is 
required then it is up to the mother to provide it, rather than the employer 
to go looking for it - which would be more against Data Protection 
Principles, it seems to me - whether or not the information is available.

The latter seems a greater invasion of privacy than the former.

I would question though whether any individual can obtain someone else's 
birth certificate - unless your name is John Stonehouse - for the younger 
ones of you, he was a Labour Cabinet Minister who faked his own death and 
obtained a dead child's birth certificate - an idea he was supposed to have 
got from the "Day of the Jackal" by Frederick Forsyth.

Nick Landau


-----Original Message-----
From: This list is for those interested in Data Protection issues 
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 12 July 2006 15:01
To: [log in to unmask]
Subject: Re: [data-protection] Obtaining Birth Certificates of Employees' 
Children

You say that you don't need to be related but see
http://www.shropshire.gov.uk/registrar.nsf/viewAttachments/DOC-39D35A88B90FA2F2802570F100513442/$file/Copy%20Birth%20Certificate%20Application%20Form.pdf

"* Is this your own birth certificate?

Yes ?? No ??

If not, what is your relationship to the person who's certificate you are
requesting

* Why do you want a copy?"

For historical births there is an index by quarter at the Family Research
Centre and online. The information here is quite limited (no first names of
parents) with the registration district.

For instance, http://www.bmdindex.co.uk/ gives all BMD's up to 2004.

I assume that the index at the Local Registration Office gives the full
information. I presume that this is the same as what is supplied to
Stockport. £7 is what it costs to receive a copy of the certificate.

I would assume that the Register itself is open to all. If there is a
statutory duty to register how could someone check whether a new baby had
been registered?

Nick Landau

----- Original Message ----- 
From: "Paul Dodgson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, July 12, 2006 1:53 PM
Subject: Re: [data-protection] Obtaining Birth Certificates of Employees'
Children


You are required to protect the public purse.  My view is that the purpose
is appropriate.  Do your existing policies mention the need to see birth
certificates?  Why not go to the registration service and request a copy of
the entry?  Costs £7 usually, you need parents name and approx birth date,
you do not need to be related!

Paul

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Antoinette Carter
Sent: 12 July 2006 13:28
To: [log in to unmask]
Subject: [data-protection] Obtaining Birth Certificates of Employees'
Children

Can anyone help me with this one?  An employee went off on maternity
leave, and a dispute is now ensuing about her maternity pay.  We have
asked her to provide copies of the birth certificates of the children in
order to calculate her maternity pay and to organise child-care vouchers
(which we give out as a free, but taxable benefit).  The employee is
refusing claiming it contravenes DP Principle 3 ie. that is not relevant
and is excessive; we think this is because she also been claiming other
benefits which she may not have been entitled to (but we don't know for
sure).  Any advice, chaps and chapesses?

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