Legislation to make organ donations automatic

Gadgetman496 · 02-01-2019 1:00am #1

ORGAN donation after death will be automatic unless stated otherwise under new laws set to be drafted in next month.

Health Minister Simon Harris will introduce the legislation to make Ireland an “opt-out country”.

https://www.dublinlive.ie/news/legislation-make-organ-donations-automatic-15617891

The Pheasant2 · 02-01-2019 1:02am

Sensible idea

pleas advice · 02-01-2019 1:03am

Decision rests with the family, as it always did.
Welcome move though

work · 02-01-2019 1:06am

Great and I hope this helps, opt out is a fantastic idea. It looks like the family can however prevent the donation. I would be mightily p!ssed if my wishes were for donation and they were not followed.

Dravokivich · 02-01-2019 1:07am

Surely this goes against one of the main ideas of GDPR. No database should list someone, with an opt-out to remove them from it.

Gadgetman496 · 02-01-2019 1:07am

pleas advice wrote: »

Decision rests with the family, as it always did.
Welcome move though

Not necessarily.

If a person is on the opt-out register, their next-of-kin will not be asked to discuss organ donation.

Snotty · 02-01-2019 1:12am

Dravokivich wrote: »

Surely this goes against one of the main ideas of GDPR. No database should list someone, with an opt-out to remove them from it.

The database would contain the name of those that opt out, everyone else is "in" without the need to be listed individually.

uck51js9zml2yt · 02-01-2019 1:12am

I wont be donating any of my organs .

Medication I'm on stops me being of value in this regard.

Dravokivich · 02-01-2019 1:41am

Snotty wrote: »

The database would contain the name of those that opt out, everyone else is "in" without the need to be listed individually.

You can't put someone down by default and make them opt out. It has to be opt in.

Guy:Incognito · 02-01-2019 1:44am

Dravokivich wrote: »

You can't put someone down by default and make them opt out. It has to be opt in.

You can and it very much doesnt have to be opt in.

Plenty of places are opt out.

GreeBo · 02-01-2019 1:45am

Dravokivich wrote: »

You can't put someone down by default and make them opt out. It has to be opt in.

Only the people who opt out of donations will be on any list.
They are agreeing to be on that list, I.e. Opting in.
Everyone else continues as normal until dead, when gdpr becomes irrelevant anyway.

Rubberchikken · 02-01-2019 1:48am

completely in favour of organ donation and whoeverwants mine will be very welcome to them but i dont believe for one minute that Simon harris could organise a cat fight so ill hold out on this legislation til ill see what happens.

ants09 · 02-01-2019 1:50am

Guy:Incognito wrote: »

You can and it very much doesnt have to be opt in.

Plenty of places are opt out.

The GDPR lists specific requirements for lawful consent requests, but must also be given with a clear affirmative action.

In other words, individuals need a mechanism that requires a deliberate action to opt in, as opposed to pre-ticked boxes.

Although the GDPR doesn’t specifically ban opt-out consent, the Information Commissioner’s Office (ICO) says that opt-out options “are essentially the same as pre-ticked boxes, which are banned”.

TheChizler · 02-01-2019 1:50am

Dravokivich wrote: »

You can't put someone down by default and make them opt out. It has to be opt in.

For inclusion on certain databases yes. It doesn't govern any time anyone uses the phrase "opt out" however.

GDPR doesn't govern opting out from organ donation unless there's a database involved (and legislation could possibly make that use GDPR exempt anyway). If you opt out from organ donation you're opting in to be included on the list. Different uses of the phrase.

ants09 · 02-01-2019 1:52am

GreeBo wrote: »

Only the people who opt out of donations will be on any list.
They are agreeing to be on that list, I.e. Opting in.
Everyone else continues as normal until dead, when gdpr becomes irrelevant anyway.

You can't agree to be on the list by default. Under GDPR you have to opt in.

ants09 · 02-01-2019 1:54am

TheChizler wrote: »

For inclusion on certain databases yes. It doesn't govern all uses of the phrase opt out however.

Opt-out options “are essentially the same as pre-ticked boxes, which are banned”.

Atlantic Dawn · 02-01-2019 1:54am

I'm kind of on the fence with it, one part of me says what's the point in putting perfectly good body parts in the ground which could save someones life, another part of me says what right has the goverment to harvest a body for parts. I think each person in the country should have to specify either for or against what they want to become of their body and be legally required to do so before X date.

02-01-2019 1:55am

ants09 wrote: »

You can't agree to be on the list by default. Under GDPR you have to opt in.

What he's saying is that the list is for those who don't want to be donors. I. E. You are opting in to the non-donor database

TheChizler · 02-01-2019 1:56am

ants09 wrote: »

Opt-out options “are essentially the same as pre-ticked boxes, which are banned”.

For a specific meaning in relation to databases. It doesn't come in to play any time someone says "opt out".

For instance I could opt out of this conversation any time, that didn't mean there's been a GDPR breach as the appropriate protocols weren't followed when I joined the conversation, I'm just using a phrase. That meaning has a much to do with GDPR as saying you don't want to donate your organs.

People bring up GDPR at every turn, it really has to be one of the most widely and incorrectly invoked in conversation regulations ever, no offence intended to anyone.

ants09 · 02-01-2019 1:56am

[Deleted User] wrote: »

What he's saying is that the list is for those who don't want to be donors. I. E. You are opting in to the non-donor database

Clearly you don't understand GDPR

ants09 · 02-01-2019 1:59am

TheChizler wrote: »

For a specific meaning in relation to databases. It doesn't come in to play any time someone says "opt out".

What part if GDPR are you relying on.

As under GDPR you have to opt in not opt out.

Just because some places use the opt out thing, doesn't make it legal

dave699 · 02-01-2019 1:59am

Think its a great idea. Should've been brought in years ago.

GreeBo · 02-01-2019 2:01am

ants09 wrote: »

You can't agree to be on the list by default. Under GDPR you have to opt in.

there is no list.

Only the people who opt out of donations are on a list.

TheChizler · 02-01-2019 2:05am

ants09 wrote: »

What part if GDPR are you relying on.

As under GDPR you have to opt in not opt out.

Just because some places use the opt out thing, doesn't make it legal

You're opting in to inclusion on the list of people who do not wish to donate organs. This statement has GDPR connotations.

Another way of saying this is that you're opting out of organ donation (note no mention of a list). This has no direct GDPR connotations.

You're not opting out of being on a list, you're option or if doing something.

It's English people...

ants09 · 02-01-2019 2:07am

GreeBo wrote: »

there is no list.

Only the people who opt out of donations are on a list.

There is no list.
But then you say only the people who opt out be on the list.
So yes there is a list
Then GDPR is applicable and you can't opt out to be on that list.
Simon Harris is in cloud co co land and yes he bring this to the dial.
The AG will advise him that you can't opt out to be on a list.

TheChizler · 02-01-2019 2:07am

ants09 wrote: »

There is no list.
But then you say only the people who opt out be on the list.
So yes there is a list
Then GDPR is applicable and you can't opt out to be on that list.
Simon Harris is in cloud co co land and yes he bring this to the dial.
The AG will advise him that you can't opt out to be on a list.

Please tell me you're winding us up!

ants09 · 02-01-2019 2:11am

TheChizler wrote: »

You're opting in to inclusion on the list of people who do not wish to donate organs. This statement has GDPR connotations.

Another way of saying this is that you're opting out of organ donation (note no mention of a list). This has no direct GDPR connotations.

You're not opting out of being on a list, you're option or if doing something.

It's English people...

You can't be on a list by default ie organ donation and then have to opt out if you don't want to donate your organs.

GDPR is very specific, you have to be given the option to opt in not opt out.

02-01-2019 2:13am

ants09 wrote: »

Clearly you don't understand GDPR

<snip> Here it is in plain English. Everybody who wants to keep their organs after death has to opt-in to a database stating they wish to do so.

ants09 · 02-01-2019 2:13am

TheChizler wrote: »

Please tell me you're winding us up!

As if.

ants09 · 02-01-2019 2:14am

[Deleted User] wrote: »

Clearly you're being a condescending wind up merchant. Here it is in plain English. Everybody who wants to keep their organs after death has to opt-in to a database stating they wish to do so.

You a problem with my message report it.

02-01-2019 2:14am

ants09 wrote: »

You can't be on a list by default ie organ donation and then have to opt out if you don't want to donate your organs.

GDPR is very specific, you have to be given the option to opt in not opt out.

There is no list of organ donors. There is a list of those who don't want to donate.

Legislation to make organ donations automatic

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