Abstract
This article is a response to the public consultation on the draft Code of Practice issued by the Human Tissue Authority on the import and export of human bodies, body parts and tissue. The question is whether the Draft Code and the Human Tissue Act go far enough to prevent the unethical acquisition and movement of human tissue. I conclude that the answer to this question is ‘no’ and go on to demonstrate how the identified deficiencies can be remedied.
References
1.Import and export Code of Practice consultation document . (consultation period 3rd October 2006 — 12 January 2007).
2.
Ibid. See paragraph 14 of the Draft Code of Practice.
3.
See SI 2006/1260 Regulation 3(2)(b).
4.
See Section 32 Human TissueAct 2004.
5.
Ibid. See Section 32(10).
6.
Ibid. Section 33(1), (2) and (3).
7.
Ibid. See Section 14(1) (e) and (f).
8.
SI 2006/1260 Regulation 3(2)(b).
9.
Op cit. Draft Code paragraph 5.
10.
Ibid. Draft Code paragraph 38.
11.
Ibid. Draft Code paragraph 28.
12.
Ibid. Paragraph 18 of the Code of Practice.
13.
Ibid. Paragraphs 41 and 51 of the draft Code.
14.
Ibid. Paragraph 31 of the Draft Code.
15.
Directive 2006/86/EC.
16.
See ICO Guidance on International Data Transfers at http://www.ico.gov.uk/what-we-cover/data-protection/international/international-transfers.aspx.
17.
Directive 95/46/EC.
18.
Op cit. See paragraph 3.2 of the ICO Guidance on International Data Transfers.
19.
Ibid. See paragraph 3.1.