(a) Data Protection Principals
The Website adheres to the Eight Data Protection principles as set out in
Part 1 Schedule 1 of the Data Protection Act 1998 (the "Act"). Briefly,
these are that personal data:
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shall be processed ( i.e. gathered, stored and released) fairly
and lawfully
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shall only be used for the original purpose for which it was
obtained, unless agreed otherwise
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shall not be excessive collection and storage of data in relation
to the use for which it was obtained
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shall be accurate and kept up to date
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shall not be kept for longer than necessary
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will be processed in accordance with the rights of the data
subject under this Act.
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there shall be adequate data security in place
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will not be transferred outside the European Economic Area, unless
adequate security in place.
(b) Security
The Information Commissioner ("IC"), who regulates data protection in this
country, has recently been given further powers by Parliament to fine (up to
£500,000) individuals or organisations who breach the Act. The IC is
particularly concerned about sensitive personal data. Much of the contents
of the information being exchanged for the purposes of the Website, would be
classed as such data. Hence it is very important that the Company has up to
date policies and procedures in place in order to try and prevent any
breaches of data security. Please note that even if a third party (say a
customer or donor) misuses the information, the Company, as the data
controller, is ultimately responsible for the security of this information,
and that can lead to intervention and prosecutions by the IC. There are a
number of recent cases in which this has happened.
(c) Confidentiality
This is paramount, and in order to engender trust when using this service,
the customers must feel that this will be respected. This ties in to some
extent with security, see above. Both the customers and the donors must
understand that information released to them concerning the other party i.e.
either the donor or customer, must be treated with the utmost
confidentiality. We do not have access to all the steps that the customer
goes through via the Website, but the Company should bear in mind the need
for confidentiality and for sensitivity of the use of information the
Company will be provided with by the donor, and vice versa.
(d) Use of Information
Any information obtained by the Website, or passed on to donors or
customers, can only be used for the purposes for which it was provided in
the first place, unless the individual consents to its use or any other
purpose. Typically this is for marketing purposes i.e. the individual's
information being passed on to other organisations who would be interested
in contacting them, in order to sell services, products etc.
2. The Human Fertilisation & Embryology Act 1990
The Company is aware, IVF is regulated by the Human Fertilisation &
Embryology Authority ("HFEA") which is also responsible for drawing up the
relevant Regulations, Code of Practice etc.
Although the Website is not directly regulated by HFEA and its regulations
and Code of Practice, the Company is aware of the Regulations. In
particular:-
Although the company via the Website is merely acting as an agency to match
suitable egg donors with customers, it does not ignore the regulatory
environment within which the fertilisation procedure occurs. Donors and
customers need to understand that:-
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There is a regulatory framework in place which needs to be adhered
to. Therefore it is important you speak in detail to the fertility clinic
in this regard.
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It is important that you understand there is no guarantee that the
donors and customers will match up. For instance, through the Code of
Practice, the HFEA states there are minimum and maximum ages for donors,
which will impact upon their suitability, and they will be examined at the
clinic.
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Following on from that, you must understand that there is still a
possibility of rejection by the clinic as to the suitability.
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If joining this matching website is the first step in exploring the
question of using donor eggs, you need to understand that:-
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A child born following this process, will have the right to certain
details as to their donor, but not their name and address .
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It is important that all parties go through the correct consent process.
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That no party, particularly the donor, receives any form of reward for
providing this service above and beyond the reimbursement of reasonable
expenses incurred. This does not include the Company, who can receive the
fee, but not act as a referral agent for a clinic, and profit that way.
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That the Company, in respect of the Website, is not subject to the same
Rules and Regulations as an HFEA licensed clinic, and hence as such, the
website cannot provide the type of advice you would expect from a licensed
clinic.
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The Website cannot either recommend the use of certain clinics, or act as
a recruitment agent for certain clinics. If it were to do so, then the
clinic would have to guarantee that the Company is verifying the suitability
of couples / donors etc., which it cannot and should not do .
