Destruction of original birth certificate under HM Data Protection Scotland Act.

Graeme MacLean made this Freedom of Information request to General Register Office for Scotland

The request was partially successful.

Graeme MacLean

Dear General Register Office for Scotland.

I hear by make a legal request under HM Freedom Of Information Scotland Act.

(a) Is it possible for person(s) to have his/her original birth certificate destroyed under the HM Data Protection Scotland Act, irrespective of any fee.

(b) If not, why not.

(c) Is it possible for person(s) to have all lawful copies of his/her birth certificate destroyed at his/her bequest under HM Data Protection Scotland Act, irrespective of an fee.

(d) If not, why not.

Mr.MacLean

General Register Office for Scotland

Dear Mr MacLean

Thank you for your e-mail of 7 August about whether it is possible for
someone to have their original birth certificate destroyed.

I assume when you refer to an original birth certificate that you mean the
original birth register page created at the time the birth was registered.

The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (the
1965 Act) requires the birth of every child born in Scotland to be
registered and places a duty on the child's father or mother to attend the
registrars' office to do so, and provide the registrar with the
information required to enable a birth to be registered. All completed
birth registrations are sent to the General Registration Office for
Scotland as the registers are the property of the Registrar General for
Scotland, and the 1965 Act requires the registers to be preserved in the
General Register Office in perpetuity.

I am not aware of anything contained in the Data Protection Act 1998 that
affects these requirements.

I hope you find this information helpful.

Yours sincerely

John

John McCafferty
Head of Registration Process Branch
General Register Office for Scotland
New Register House
3 West Register Street
Edinburgh
EH1 3YT
Tel: 0131 314 4456

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Graeme MacLean

Dear General Register Office for Scotland.

I refer to your response dated 10/08/2010.

In the response you mentioned that The Registration of Births, Deaths and Marriages (Scotland) Act 1965 requires the register office to keep all birth certificates for ever.

Can you outline for me which common law permits this practice ?

Yours faithfully,

MacLean.

General Register Office for Scotland

Dear Mr MacLean

Thank you for your further e-mail of 23 September.

As outlined in my earlier response, this office operates under the
provisions of the Registration of Births, Deaths and Marriages
(Scotland) Act 1965. I regret therefore I am unable to advise you on
the position with regard to common law.

Yours sincerely

John

John McCafferty
Head of Registration Process Branch
General Register Office for Scotland
New Register House
3 West Register Street
Tel: 0131 314 4456

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Graeme MacLean

Dear General Register Office for Scotland.

The act you referred to is an act of parliament that is only enforcible through the common law of contractual agreement between the governed and the government.

I have lawfully removed my agreement to be governed by statue's,acts, policy, and legal regulations set out by HM.parliament. However I am obligated by law to obey common law in all circumstances and not to commit felons.

This oath was sworn in court and signed by a public notary and hence forth sent to HM.Queen Elizabeth II.

This oath has recognition in law.

Therefor are you able to tell me:

A) On what lawful basis the office has to keep record of my person in the form of a birth certificate against my will.

Regards

MacLean

General Register Office for Scotland

Dear Mr Maclean

Thank you for your e-mail of 2 October.

I regret there is nothing I can add to what I have already advised.

Yours sincerely

John

John McCafferty
Head of Registration Process Branch
General Register Office for Scotland
New Register House
3 West Register Street
Tel: 0131 314 4456

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Graeme MacLean

Dear General Register Office for Scotland.

Can you finally tell me:

A) Is it illegal not for the parent(s) of a child/children not to register the birth of the child/children ?

B) If it be illegal or unlawful what common law or legal act/statue/policy makes the proposed act illegal/unlawful and what are the penilties upon the parents of the child for failing to comply.

Thank you.

Graeme MacLean

Dear General Register Office for Scotland.

CORRECTION

Can you finally tell me:

A) Is it illegal for parent(s) of a child/children not to register the birth of the child/children ?

B) If it be illegal or unlawful what common law or legal act/statue/policy makes the proposed act illegal/unlawful and what are the penilties upon the parents of the child for failing to comply.

Thank you.

General Register Office for Scotland

I will be out of the office until 20 October 2010. I will respond to your
message on my return. However, if it is urgent please contact Wilma Smith
([email address]) or Alex White
([email address]). Thanks.

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General Register Office for Scotland

Dear Mr MacLean

Thank you for your e-mail of 15 October.

As previously outlined, the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (the 1965 Act) places a duty on a child's father or mother to register their child's birth.

Section 53 of the 1965 Act provides that it is an offence for a parent who fails, without reasonable excuse, to give information concerning the birth of their child to the registrar. They would be liable on summary conviction to a fine not exceeding level 1 on the standard scale (the level 1 fine is currently a maximum of £200).

I hope this is helpful.

Yours sincerely

John

John McCafferty
Head of Registration Process Branch
General Register Office for Scotland
New Register House
3 West Register Street
Tel: 0131 314 4456

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