GDPR right to rectification: SEX not gender on eg patient records

[ChoosandChipsandSealingWax]

I am SO SICK of this conflation of sex and gender.

The school Covid consent forms are asking for my children's sex not gender! I have just written a very ranty letter.

I know others have commented similar so starting a new thread with all the points helpfully laid out for you to reuse for other similar requests!

• I appreciate that this data was requested directly by the NHS and is not under your control.

• However, under GDPR legislation (thanks @nauticant!)

ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/, we have the right for individuals to have inaccurate data rectified.

• Request to the NHS that my children's sexes be recorded on their patient records, and not their genders.

• Assumption that this data gathering is concerning biology, for health and medical care, rather than gender identity. Especially given the scientifc evidence that Covid disproportionately affects those of the male sex.

• Sex in that case has been erroneously conflated with gender, and the data gathered is therefore inaccurate

• Further, according to NHS data gathering protocols, it is patient sex that is supposed to be gathered, not gender: datadictionary.nhs.uk/data_elements/sex_of_patients_code.html

• In UK law, sex is biological (Equality Act 2010 - for example under sex a female is described as a woman or girl of any age), whereas gender relates to social identity (See Equality and Human Rights Commission - 'Gender’ refers to socially constructed roles of women and men and/or an individual’s conception of their identity www.equalityhumanrights.com/en/our-work/news/our-statement-sex-and-gender-reassignment-legal-protections-and-language).

• Asking for gender is an inappropriate question to be asking of children, especially of children below the age of sexual consent.

• If asking for gender rather than sex information, then the question is still inaccurate: accurate data collection would require also the options of non-binary and other (with a free text box)

-As legal guardian, I do not therefore give my consent for their genders to be recorded.

• Given current priorities with the Covid pandemic and immunisation, I would allow for the grace period for the correction to be 120 days rather than 30 days as is required in law.

Bravo OP excellent factual challenge (though you've got sex and gender the wrong way round near the start of your post)

Great letter OP. May I crib from it?

Great idea op.

I wonder if there's scope for this with the ONS, after the census?

I hate the idea of my family being falsely recorded as having gender identities and then that false data being used to support the highly contentious and damaging claim that whatever percentage of people are "cis".

@Igmum

Bravo OP excellent factual challenge (though you've got sex and gender the wrong way round near the start of your post)

Whoops!!! Yes I did get it the wrong way around...thank you...hopefully it was clear enough what I actually meant to not bother asking MNHQ for a correction?

Yes please do crib away - that is why I posted.

@WendyTestaburger

Great idea op.

I wonder if there's scope for this with the ONS, after the census?

I hate the idea of my family being falsely recorded as having gender identities and then that false data being used to support the highly contentious and damaging claim that whatever percentage of people are "cis".

Maybe, because of the misleading guidance??

I expect though that they would say that gender is recorded separately at the second question, which we do not have to answer.

HOWEVER - perhaps there is scope in that we HAVE to answer YES to is it the same as at birth??? If we don't think we have a gender, then surely the data is inaccurate if we say YES and also we cannot accurately answer NO either!

Gender is oppression.

Another point to add to what I said earlier:

“Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.”

twitter.com/sexnotgender_/status/1369062345083912198?s=21

Well done. Mentioning that men are the majority of those who have died of Covid, so it adds a medical reason (not that should have negated your comments if deaths were 50/50).