School Data Collections asking for Gender & not Sex

[1stWorldProblems]

I work in a primary school & have to supply data for various collections. The Gender box was introduced on our paper admissions form & on our MIS over the summer. So far none of our parents have bothered to fill it in as it's not compulsory / a legal requirement.

But already this term I have had 3 different queries asking for the Gender instead of (or in once case replacing) Sex of the children when data is uploaded for assessment purposed (including one from the DfE!). All 3 data collections could not have this box left blank so we had to rename our Sex info to upload.

Please could someone supply me a good paragraph re the difference between Sex & Gender and the different legal requirements so that I can raise complaints with these bodies. Thanks

Are these any use OP? Sex is now mandatory and gender will not be officially collected but can be collected locally where parents insist?

https://www.mumsnet.com/talk/womens_rights/4895408-children-to-be-recorded-on-school-census-by-sex-not-gender

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1148628/CBDS_RFC_1233_-_Sex_and_Gender_Identity.pdf

First Ask them for the legal basis which they are collecting the data.

Then if they dont supply a reason or are asking for sex give them the oppertunity to justify /amend the request.

Dear Minister /CEO

You have asked for us [school ] to supply data which we as a school have not collected to date.

We as Data Controller have a legal obligation to comply with GDPR and our data minimisation policy states ......
Why the school limit data collection for children....
Add in the school policy on passsing of data to 3rd parties ....

You have requested that we supply data on gender we do not currently collect this data.

In order to collect the data we will need to have a lawful reasons to amend our data policy to begin to collect the new data point.

Please provide us with the reason(s) you [the organisation] have requested this data point, and the policies which are applicable.
I would be grateful if you highlight any specific legislation (act and the section of the legislation) which supports your request to collect and process the data.
Yours etc

You can look at some if the IO test cases for banks and other organisations who have collected too much data
Or the organisations which object to gender data being collected in schools https://safeschoolsallianceuk.net/resources-2/letter-templates/

And have a generic template letter incorporated into the data policy.