From a strictly statistical viewpoint
A baby becomes a living individual when it is born.
Stillbirths are recorded with births, neonatal deaths
with deaths; a stillborn baby (born after the 24th
week of pregnancy - 28th in Scotland - who did not
show any signs of life at any time after being born),
not having been born, cannot die.
http://www.gro.gov.uk/gro/content/stillbirths/registeringastillbirth/definition.asp
http://www.gro-scotland.gov.uk/statistics/library/03reference-tables/03reference-table-notes.html#sd
On record management
The data collected during the pregnancy belong to the
mother and should be part of her medical record,
the items relevant to the child should become part of
the child's record. So any information collected
during a pregnancy resulting in a live birth should
become both mother's and child's personal data.
GM Polato
--- "Lewis, Chris G." <[log in to unmask]> wrote:
> I suspect that "living" is equally important - if
> it were not, then the word would not be involved.
> Either way, I believe the position would be that it
> will only be an "individual" once born. There has
> not yet been any case law or IC guidance on this
> point, so it's presumably still open to argument.
>
> Chris
>
> Chris Lewis
> Associate
> For Reed Smith LLP
> [log in to unmask]
>
> -----Original Message-----
> From: This list is for those interested in Data
> Protection issues
> [mailto:[log in to unmask]] On Behalf Of
> DREW Nic
> Sent: 10 March 2005 16:06
> To: [log in to unmask]
> Subject: Re: [data-protection] Unborn child - DPA
> living individual
>
> I'm thinking that the answer lies with the
> 'individual' bit of living individual.
> They are alive in the womb and therefore living.
> When in law does a baby become an individual? Whilst
> they are in the womb or when they are born?
>
> Nic
>
> -----Original Message-----
> From: C.Oppenheim [mailto:[log in to unmask]]
> Sent: 10 March 2005 15:00
> To: [log in to unmask]
> Subject: Re: Unborn child - DPA living individual
>
> I'm not so sure. If sufficient information is
> available, e.g., "the unborn child of Mr and Mrs
> Jones of 28 Acacia Avenue, etc.", then surely that
> unborn child is an identifiable living individual?
>
> Charles
>
> Professor Charles Oppenheim
> Department of Information Science
> Loughborough University
> Loughborough
> Leics LE11 3TU
>
> Tel 01509-223065
> Fax 01509-223053
> e mail [log in to unmask]
> ----- Original Message -----
> From: "Lewis, Chris G." <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, March 10, 2005 2:42 PM
> Subject: Re: Unborn child - DPA living individual
>
>
> Oops. The "it is borne" was superfluous. Also
> slightly confusing sentence structure. I shall try
> again.
>
> Any information on that baby processed whilst it is
> unborn will not, at that time, be personal data.
> Once the baby is born, and an individual under the
> Act, information on procedures carried out on it
> whilst it was in utero will be medical information
> on that baby, and therefore sensitive personal data.
>
> -----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: 10 March 2005 14:40
> To: [log in to unmask]
> Subject: Re: [data-protection] Unborn child - DPA
> living individual
>
> Once the unborn child is born, and therefore an
> individual under the act, the information relating
> to that child when it was unborn will be sensitive
> personal data, but not before it is born it is
> borne, I shouldn't have thought.
>
> -----Original Message-----
> From: This list is for those interested in Data
> Protection issues
> [mailto:[log in to unmask]] On Behalf Of
> DREW Nic
> Sent: 10 March 2005 14:37
> To: [log in to unmask]
> Subject: [data-protection] Unborn child - DPA living
> individual
>
> The DPA applies to living individuals. Would the DPA
> apply to an unborn child?
>
> For example, hospitals carry out procedures on
> unborn children in the womb therefore sensitive
> personal data will be processed in the records kept
> of this procedure.
>
>
>
> I would be grateful for your opinions.
>
>
>
> Nic Drew
>
> DPO
>
> Cardiff and Vale NHS Trust
>
>
>
>
>
>
>
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