• Re: Egg and sperm donor loss of anonymity - how does that work legally?

    From Roger Hayter@21:1/5 to Max Demian on Tue Nov 14 17:40:31 2023
    On 14 Nov 2023 at 17:20:25 GMT, "Max Demian" <max_demian@bigfoot.com> wrote:

    https://www.theguardian.com/society/2023/nov/14/egg-and-sperm-donors-to-lose-right-to-anonymity-at-birth-under-proposed-laws

    Presumably the donors expected to remain anonymous when they donated, so
    how can that anonymity be removed retrospectively? It's like reneging on
    a contract, or retrospective legislation, which is generally thought to
    be a bad idea, even if it isn't actually unconstitutional.

    Well, they've done it once, when they allowed adults to see who donated
    sperm to make them, so I suppose they think it's all right to do it again.

    As I read it, only those donating after the new rules come into effect will be affected. But, as they say, private DNA tests can often circumvent anonymity anyway, even for donors who were promised lifelong anonymity.





    =======================================================================

    And what about all those agreements not to share medical data with
    commercial entities? Can this all be changed and watered down?

    "Private UK health data donated for medical research shared with
    insurance companies" https://www.theguardian.com/technology/2023/nov/12/private-uk-health-data-donated-medical-research-shared-insurance-companies

    "Observer investigation reveals UK Biobank opened its biomedical
    database to insurance firms despite pledge it would not do so"

    That could have been predicted. And there is no law in the US to stop them sharing with other companies, for money. Perhaps after Brexit we will revise data protection here too? Already the protection of data transferred to the
    US by firms here has had its protection significantly weakened. I haven't got the reference, and I may have just seen proposals before the legislation.




    "The data was provided to insurance consultancy and tech firms for
    projects to create digital tools that help insurers predict a person’s
    risk of getting a chronic disease."

    That might be a good cause, but the insurance companies are doing it for commercial, not public health reasons.

    Perhaps, in future, we shall have to submit to DNA testing, or complex
    "life style" surveys before we are given life or medical based insurance.

    And what if they decide that people always lie about what they drink,
    eat or do?

    Unless the insurers are statutorily barred from doing so they will probably want a DNA sample from customers and use the Biobank data to set personal premium rates. One of this little issues where I actually liked the EU's policy.



    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Max Demian@21:1/5 to All on Tue Nov 14 17:20:25 2023
    https://www.theguardian.com/society/2023/nov/14/egg-and-sperm-donors-to-lose-right-to-anonymity-at-birth-under-proposed-laws

    Presumably the donors expected to remain anonymous when they donated, so
    how can that anonymity be removed retrospectively? It's like reneging on
    a contract, or retrospective legislation, which is generally thought to
    be a bad idea, even if it isn't actually unconstitutional.

    Well, they've done it once, when they allowed adults to see who donated
    sperm to make them, so I suppose they think it's all right to do it again.

    =======================================================================

    And what about all those agreements not to share medical data with
    commercial entities? Can this all be changed and watered down?

    "Private UK health data donated for medical research shared with
    insurance companies" https://www.theguardian.com/technology/2023/nov/12/private-uk-health-data-donated-medical-research-shared-insurance-companies

    "Observer investigation reveals UK Biobank opened its biomedical
    database to insurance firms despite pledge it would not do so"

    "The data was provided to insurance consultancy and tech firms for
    projects to create digital tools that help insurers predict a person’s
    risk of getting a chronic disease."

    That might be a good cause, but the insurance companies are doing it for commercial, not public health reasons.

    Perhaps, in future, we shall have to submit to DNA testing, or complex
    "life style" surveys before we are given life or medical based insurance.

    And what if they decide that people always lie about what they drink,
    eat or do?

    --
    Max Demian

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to All on Tue Nov 14 18:08:36 2023
    I thought that ship sailed a long time ago.

    The rights of the child trumped the rights of the donors.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fredxx@21:1/5 to Max Demian on Tue Nov 14 17:34:56 2023
    On 14/11/2023 17:20, Max Demian wrote:
    https://www.theguardian.com/society/2023/nov/14/egg-and-sperm-donors-to-lose-right-to-anonymity-at-birth-under-proposed-laws

    Presumably the donors expected to remain anonymous when they donated, so
    how can that anonymity be removed retrospectively? It's like reneging on
    a contract, or retrospective legislation, which is generally thought to
    be a bad idea, even if it isn't actually unconstitutional.

    Well, they've done it once, when they allowed adults to see who donated
    sperm to make them, so I suppose they think it's all right to do it again.

    =======================================================================

    And what about all those agreements not to share medical data with
    commercial entities? Can this all be changed and watered down?

    "Private UK health data donated for medical research shared with
    insurance companies" https://www.theguardian.com/technology/2023/nov/12/private-uk-health-data-donated-medical-research-shared-insurance-companies

    "Observer investigation reveals UK Biobank opened its biomedical
    database to insurance firms despite pledge it would not do so"

    "The data was provided to insurance consultancy and tech firms for
    projects to create digital tools that help insurers predict a person’s
    risk of getting a chronic disease."

    That might be a good cause, but the insurance companies are doing it for commercial, not public health reasons.

    Perhaps, in future, we shall have to submit to DNA testing, or complex
    "life style" surveys before we are given life or medical based insurance.

    And what if they decide that people always lie about what they drink,
    eat or do?

    That's quite a change and I suspect just a proposal.

    A child can get details of their donor when they are 18, and can get
    some details when 16. Also if there are any genetic issues I believe
    they can be passed from donor to offspring whilst remaining anonymous. Similarly if the child is dating someone who is also known to be born of
    a donor checks can be made to ensure they are not closely related.

    This suggestion seems a consequence of private genetic testing, and I'm surprised it's not unlawful for the parent to actively try and find out
    the donor identity.

    In terms of criminal detection I have no objection to a national DNA
    database. John Humble wouldn't have been able to remain elusive for so
    many years for his crimes.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Max Demian@21:1/5 to Roger Hayter on Wed Nov 15 16:14:11 2023
    On 14/11/2023 17:40, Roger Hayter wrote:
    On 14 Nov 2023 at 17:20:25 GMT, "Max Demian" <max_demian@bigfoot.com> wrote:

    https://www.theguardian.com/society/2023/nov/14/egg-and-sperm-donors-to-lose-right-to-anonymity-at-birth-under-proposed-laws

    Presumably the donors expected to remain anonymous when they donated, so
    how can that anonymity be removed retrospectively? It's like reneging on
    a contract, or retrospective legislation, which is generally thought to
    be a bad idea, even if it isn't actually unconstitutional.

    Well, they've done it once, when they allowed adults to see who donated
    sperm to make them, so I suppose they think it's all right to do it again.

    As I read it, only those donating after the new rules come into effect will be
    affected. But, as they say, private DNA tests can often circumvent anonymity anyway, even for donors who were promised lifelong anonymity.

    That's simply not true. And it wasn't in the case of the previous
    change, which only applied to offspring when they were 18.

    Private DNA tests are only relevant if the donors are DNA tested, and
    others get hold of the results.

    =======================================================================

    And what about all those agreements not to share medical data with
    commercial entities? Can this all be changed and watered down?

    "Private UK health data donated for medical research shared with
    insurance companies"
    https://www.theguardian.com/technology/2023/nov/12/private-uk-health-data-donated-medical-research-shared-insurance-companies

    "Observer investigation reveals UK Biobank opened its biomedical
    database to insurance firms despite pledge it would not do so"

    That could have been predicted. And there is no law in the US to stop them sharing with other companies, for money. Perhaps after Brexit we will revise data protection here too? Already the protection of data transferred to the US by firms here has had its protection significantly weakened. I haven't got the reference, and I may have just seen proposals before the legislation.

    "The data was provided to insurance consultancy and tech firms for
    projects to create digital tools that help insurers predict a person’s
    risk of getting a chronic disease."

    That might be a good cause, but the insurance companies are doing it for
    commercial, not public health reasons.

    Perhaps, in future, we shall have to submit to DNA testing, or complex
    "life style" surveys before we are given life or medical based insurance.

    And what if they decide that people always lie about what they drink,
    eat or do?

    Unless the insurers are statutorily barred from doing so they will probably want a DNA sample from customers and use the Biobank data to set personal premium rates. One of this little issues where I actually liked the EU's policy.

    What does the EU policy say?

    --
    Max Demian

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From kat@21:1/5 to Max Demian on Thu Nov 16 10:25:15 2023
    On 15/11/2023 16:14, Max Demian wrote:
    On 14/11/2023 17:40, Roger Hayter wrote:
    On 14 Nov 2023 at 17:20:25 GMT, "Max Demian" <max_demian@bigfoot.com> wrote: >>
    https://www.theguardian.com/society/2023/nov/14/egg-and-sperm-donors-to-lose-right-to-anonymity-at-birth-under-proposed-laws

    Presumably the donors expected to remain anonymous when they donated, so >>> how can that anonymity be removed retrospectively? It's like reneging on >>> a contract, or retrospective legislation, which is generally thought to
    be a bad idea, even if it isn't actually unconstitutional.

    Well, they've done it once, when they allowed adults to see who donated
    sperm to make them, so I suppose they think it's all right to do it again. >>
    As I read it, only those donating after the new rules come into effect will be
    affected. But, as they say, private DNA tests can often circumvent anonymity >> anyway, even for donors who were promised lifelong anonymity.

    That's simply not true. And it wasn't in the case of the previous change, which
    only applied to offspring when they were 18.

    Private DNA tests are only relevant if the donors are DNA tested,

    Or relatives of the donor.

    and others get
    hold of the results.


    On assorted websites, and following family trees.

    You must have missed assorted tv shows which do just this sort of research.
    --
    kat
    >^..^<

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)