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
[log in to unmask]
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