Wessex Fertility Limited & Ors v Donor Conception Network

Wessex Fertility Limited & Ors v Donor Conception Network

Any interference with Donor A’s Article 8 rights is justified and proportionate in the circumstances. The ambiguity in the consent form, the lack of absolute prohibition, the potential benefit to the donor-conceived child (AH), and the safeguards in the proposed approach mean it is lawful to request a DNA sample from Donor A. Processing Donor A’s personal data for this purpose is lawful under GDPR Articles 6(1)(f) and 9(2)(h).

Parties
Claimant: Wessex Fertility Limited; Interested Party: University Southampton Hospital NHS Foundation Trust; Interested Party: Human Fertilisation and Embryology Authority; Interested Party: Donor Conception Network
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Originating Application for Declarations / Judgment After Contested Hearing
Outcome
Declarations granted
Legal Topics
Consent in Medical Treatment, Disclosure of Genetic Information, Data Processing Under GDPR, Article 8 ECHR – Right to Private Life, Duties of Fertility Clinics, Donor Anonymity and Rights, Balancing Competing Rights
Health Law Data Protection Law Human Rights Law Medical Law Consent in Medical Treatment Disclosure of Genetic Information Data Processing Under GDPR Article 8 ECHR – Right to Private Life +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wessex Fertility Limited

Claimant

University Southampton Hospital NHS Foundation Trust

Interested Party

Human Fertilisation and Embryology Authority

Interested Party

Donor Conception Network

Interested Party

Procedural Posture

Originating Application for Declarations / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is lawful for the clinic to request a DNA sample from an egg donor for genetic analysis of a donor-conceived child
  2. 2 Whether processing the donor's personal data for this purpose is lawful under GDPR
  3. 3 Whether the donor's expressed wish not to be informed of health information prevents contact

Ratio Decidendi

Any interference with Donor A’s Article 8 rights is justified and proportionate in the circumstances. The ambiguity in the consent form, the lack of absolute prohibition, the potential benefit to the donor-conceived child (AH), and the safeguards in the proposed approach mean it is lawful to request a DNA sample from Donor A. Processing Donor A’s personal data for this purpose is lawful under GDPR Articles 6(1)(f) and 9(2)(h).

Court Disposition

Declarations granted

Orders

  • It is lawful for the Clinic to request that Donor A provide a DNA sample for genetic analysis.
  • The processing of Donor A’s personal data for this purpose is lawful under GDPR Articles 6(1)(f) and 9(2)(h).