RedToothBrush I totally agree with what you say here: I think they have to keep the remit of the study limited to comply with data protection laws.
That would make absolute sense in terms of Cass researchers’ different applications for defined research projects to answer specific questions.
However what I think is extremely concerning is the impression given here that it is an offence for a researcher to be given permission do other routine research on GRA data (outside of Cass work)….: hansard.parliament.uk/Commons/2022-06-30/debates/22063044000016/GenderRecognitionDisclosureOfInformation
… because GRC status has been drawn up in the GRA as special untouchable data that you would need to get consent for to take part in research. This is much more confidential than say, our medical data is treated. But how could a researcher ever invite a GRC holder, starting now, to take part in retrospective research, when you’re not allowed by law, to know who has a GRC? Another example of GRA being dangerously and poorly made.
Javid says:
‘Under the Gender Recognition Act 2004, it is an offence for a person acting in an official capacity to disclose information about the gender history of a person with a gender recognition certificate (GRC). The Act calls this “protected information”, with some existing exemptions, such as where disclosure is to prevent or investigate crime, or the subject of the information agrees to the disclosure.
The order I have laid today will add a further exemption to the GRA so that a closely defined class of people who facilitate, assist and carry out the research for the Cass review will be able to disclose protected information to each other during the course of their work. Without access to information currently protected under the Act, a significant portion of the available data on health outcomes would have to be removed from the study. This would subsequently prevent Dr Cass review from being able to provide robust recommendations rooted in the best available clinical evidence about how this care can best be provided.
This data will allow us to plan the provision of these services from a world-leading clinical evidence base, to promote better health outcomes for those who use these important services. I firmly believe that this will help enable further debate on these issues to be informed by the best available clinical evidence which will better serve everyone, not least children.
I remain committed to upholding the rights and privacy of transgender people, so this data will be carefully controlled. Only those working for a small number of organisations listed in the order and who are involved in the research will be able to access protected information and share it with each other. Furthermore, those within this closed circle will only be able to access and share the data if doing so is genuinely necessary in order to facilitate, assist or carry out research as part of the Cass review.’
So this change is a really breakthrough and it is a first to be celebrated because it will bring new knowledge. But the fact that the law apparently forbids anyone to do research on this area (unless they are doing it via Cass review) is a huge limit on research.
The GRA has had baked in to itself, stopping all research around GRC holding. That seems a dangerous and discriminatory approach both for people with GRCs and for trans people in general. This legal block will be contributing to very uninformed medical care for GRC holders and all sorts of other unnecessarily potentially poor outcomes for them, due to a lack of research evidence.