Section 9 Subsection(2) states
(2) Subsection (1) does not affect things done, or events occurring, before the certificate is issued; but it does operate for the interpretation of enactments passed, and instruments and other documents made, before the certificate is issued (as well as those passed or made afterwards).
For which the explanatory gloss is:
Subsection (2) provides amplification of subsection (1), making clear that the recognition is not retrospective, so the certificate does not rewrite the gender history of the transsexual person, and that the new gender applies for the interpretation of enactments, instruments and documents made before as well as after the issue of a certificate.
Clear now? I interpret this to mean, for instance in an HE context, that we do not have to search and amend all possible records of an ex-student but that our current record - if relevant - should show the reassigned gender and that any transactions we may have (e.g. confirm result, reissue certificate etc.) must show the current gender not the old one. Similarly, I suppose it to mean that a statistical analysis which includes gender must reflect the current gender regardless of the original gender when the data was collected.
I think I have doubt in my mind as to whether we are permitted to record in an audit trail or note that the reassignment has taken place.
I also think I am a little worried by Section 22(1) which states that
"It is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person."
because although it lists a number of exclusions, none of them seem to apply if I receive the information in my official capacity to pass that on to someone in the same organisation ! They can receive it 'officially' but I am breaking the law in supplying it.
Owen Parry
Pennaeth Cyfrifiadura Gweinyddol / Head of Administrative Computing
Prifysgol Cymru / University of Wales
Tel: (029) 2038 2656 Ffacs/Fax: (029) 2039 6040
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Catton
Sent: 16 January 2006 16:11
To: [log in to unmask]
Subject: Re: Request for advice - DPA vs Gender Recognit ion Act
To make restrospective changes to "correct" a record that was not wrong at
the point of creation sounds like pretty bad records management practice
to me, and one that is fraught with untold dangers.
Chris Catton
Duncan James <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
16/01/2006 15:53
Please respond to
Duncan James <[log in to unmask]>
To
[log in to unmask]
cc
Subject
Re: Request for advice - DPA vs Gender Recognit ion Act
What does the change have on their legal status? Are they classed as a
"New
individual" or are they still classed under their original status?
Maybe you should consider following the same practice as either the
criminal
records bureau, or the national health, but I don't know what either of
those would be.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 16 January 2006 15:41
To: [log in to unmask]
Subject: Re: [data-protection] Request for advice - DPA vs Gender
Recognition Act
Logic suggests this be treated like nationality. What do you do if the
individual changes nationality?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Emma Bothamley
Sent: 16 January 2006 15:30
To: [log in to unmask]
Subject: [data-protection] Request for advice - DPA vs Gender Recognition
Act
Dear all,
Question on the Gender Recognition Act. What should we do if we receive
notice from one of our customers that they have swapped gender? How
should
we go about capturing the information for that individual on our systems
to
ensure compliance with the Gender Recognition Act and DPA? Should we:
Remove all reference to the individual's original gender from all our
computer systems?
Set up a new computer record for the individual, linked to the old one,
thereby ensuring there was an audit of trail of when genders changed?
Make a note on the system that the individual has changed gender,
update
their new name and salutation but leave the underlying record
unchanged?
The view here is that we should ensure that all our computer records show
the new acquired gender and name for the individual concerned. Their view
is that all records would need to be amended, rather than just putting a
note on the system. This is because it is always open to the individual
to
make a SAR. If a SAR was made, we would need to disclose all information
about that person. If our records still showed the original name and
gender, even for audit trail purposes, this could be a breach of the Data
Protection Act for failing to ensure that we maintain accurate information
on our records.
I'm not sure I agree with this. As we are a Life Assurance company, I
would
have thought it would be necessary and legitimate to keep some
historical record of the previous gender. I was wondering how others
were
approaching this issue?
I'd be grateful for your views / comments / thoughts.
Many thanks in advance,
Emma
Emma Bothamley
Data Protection Consultant
01733 471226
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