11 March 2014
In specified circumstances, section 22(4) of the Gender Recognition Act 2004 permits the disclosure of what would otherwise be ‘protected information’ about an individual who has applied for a Gender Recognition Certificate.
The effect of section 22(4)(e) is that ‘protected information’ may be disclosed “for the purposes of proceedings before a court or tribunal.”
The facts of the individual cases in which the disclosure question will arise are likely to vary widely. In some instances it will be relevant to the issues to know that an individual has a trans gender history. In others it will be entirely irrelevant.
Disclosure should not permitted in those cases where it is unnecessary and irrelevant to the issues.
There is a need for judges to be aware of and astute to the issues.
James Munby P