I suppose you have to consider what could identify the foetus and whether or not any reference numbers on the screen could be used to match to the mother. The issue is going to be "can the mother be identified" rather than the child. I am not sure at what stage a child becomes a legal person, but I suspect it's at birth. Certainly the NHS number is only allocated at birth. A few references might possibly be considered personal. I don't think the DPA was ever intended to protect the unborn child. Having said that if the references/information could lead to the mother, then there may have been a breach of confidentiality. I suppose it all comes down as to what is identifiable in the clip.
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of stephen Lemon
Sent: 21 October 2013 09:08
To: [log in to unmask]
Subject: [data-protection] Are a baby's scan pictures personal data?
Good morning
I was out with friends on saturday and as there is a new arrival in our group of friends, little Joshua, baby discussions were high on the agenda.
During the discussion it was said that another one of our friends had asked for, paid for and recieved a DVD of their unborn child, however when they received it, there was a portion at the start of the DVD of another unborn child. Now, i'm not sure how they knew this, i guess there were some reference numbers on screen.
It made me think though, is this a data protection breach?
Is the unborn child identifible?
I thought it may depend on how old the unborn child is, but really not sure.
Any thoughts?
Stephen
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