Congress Acts to Protect Animal Privacy

By Peter Gray Washingtonword

Washington, May 13, 2002 Reacting to concerns that animals in captivity do not have a legal right to privacy, Rep. Harold Wolfe (D- CA) today introduced the Animal Privacy Entitlement (APE) Act of 2002. The legislation would provide animals in zoos, circuses and theme parks with new privacy protections.

In a statement, Congressman Wolfe said, Over 50 bills have been introduced in the 107th Congress to protect human privacy, but none to protect animal privacy. This is unfair, undemocratic, and discriminatory. My bill would extend to animals basic fair information practices that limit the collection, disclosure and uses of health and other personal data on animals. I expect many animal lovers and privacy advocates in Congress will co-sponsor my bill.

Among the most controversial provisions of the APE Act, video surveillance of the dating, mating and other personal activities of captive animals would be prohibited. The Act also allows class-action lawsuits to be brought on behalf of captive animals against zoos and other public animal habitats that violate, or permit the public to violate, animal privacy.

Animal rights activists, privacy advocates, and trial lawyers joined forces to support the legislation. Speaking on behalf of the group, Polly Finch, Executive Director of The Center for Animal Democracy, said that the bill represents an important step forward to ensure privacy parity for animals. Since an animal is not capable of bringing a private right of action against an abuser of its privacy, legal representatives of animals should be permitted to file class-actions on their behalf , she added.

On May 6, 2002, the Washington Post reported that the National Zoo refused to release a deceased giraffe s medical records on grounds that it would violate the animal s right to privacy. However, courts have ruled that animals do not have a legal right to privacy. The APE Act would remedy this legal deficiency.