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Links to documents:
Download this file (cvdwp.pdf)Judgment[Archive copy hosted by UK Trans Info]

Brief Summary

High Court judgment from The Hon Mr Justice Simon dealing with how the Department for Works and Pensions handle data regarding the gender history of transgender customers.

Extract from Website

  1. This case raises a point which often arises for consideration: the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arises in the present case in a heightened form because the information relates to the sensitive personal data of those who have had, or are in the process of having, gender reassignment.
  2. The relevant facts in relation to the Claimant can be stated shortly. She began her transition from male to female in 2003 and changed her name in January 2004. On 4 April 2005 the Gender Recognition Act 2004 (‘GRA 2004’) came into force, in March 2006 she was among the first to receive a Gender Recognition Certificate (‘GRC’)*, and the issue of her GRC was then notified to the Department of Work and Pensions (‘DWP’).
  3. Like many transgender citizens, the Claimant is in receipt of Jobseeker’s Allowance (‘JSA’) and is required to attend fortnightly appointments at her local Jobcentre Plus (‘JCP’).
  4. It is the Claimant’s evidence, supported by witness statements from other transgender customers of the DWP, that the knowledge that the DWP computer systems contain details of their previous gender (the fact of their gender reassignment, their previous name, title and gender) is a source of great distress to them. I will return later to the Claimant’s evidence about some of the adverse consequences of the DWP policies and practices, and to how the Defendant has sought to address them.

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