New Organ Donation Act violates right to privacy and bodily integrity

Yesterday, the Senate passed the controversial new Organ Donation Act by a narrow majority. Unless one actively objects (or has already objected), this will register every Dutch citizen as an organ donor. Privacy First had strongly advised the Senate in advance to vote against this law, as it flagrantly violates the right to privacy and bodily integrity. The right to bodily integrity is part of the right to privacy and as such protected under both Art. 8 ECHR and Art. 11 Constitution. Art. 11 Constitution also applies after death. Moreover, unlike some other privacy rights, the right to bodily integrity and physical self-determination has a relatively absolute character; in principle, everyone has prior explicit control over his/her own body and organs. Only with explicit and specific (per organ differentiated) individual consent In advance, someone can be registered as an organ donor. A donor system in which everyone is declared a donor in advance by the government is by definition in conflict with this and Privacy First also considers it morally reprehensible, despite all the good intentions behind such a system. Privacy First had therefore called on the Senate to reject the new Donor Act because of its fundamental incompatibility with everyone's right to privacy and bodily integrity. Privacy First therefore regrets that such a sweeping law as this Donor Act, about which there is so much division and lack of broad public support, has now been passed.