Thread by @zeno001

Hi @sussex_police

Nearly a year ago, I pointed out several issues with your recruitment equality monitoring:

https://twitter.com/zeno001/status/1176935189819400193

cc @SussexPCC @KatyBourne @csuptnickmay @CCJoShiner

1/10

You asked the question, under the heading of 'Gender': "What best describes your sex?", including the options 'Male', 'Female' and 'Prefer to self-describe'.

I pointed out the issues and conflict with the Equality Act 2010.

2/10

I note you have since changed your form and it now asks, still under the heading of 'Gender', "What best describes your gender?" with the same options of 'Male', 'Female' and 'Prefer to self-describe'.

3/10

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

4/10

Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology and there is no way to self-describe one's sex.

5/10

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 data without a lawful basis.

6/10

Language and meaning of words are important and proper use & understanding of terms is vital so that the public is aware of what rights they have and what your duties are. Any confusion or inconsistency over meaning may prevent people from accessing their rights in law.

7/10

Can you say why you changed your question from asking about sex to asking about 'gender'?

8/10

Can you also explain how you will meet your Public Sector Equality Duty given these errors and your use of incorrect terms and how you know whether you have met it in the past given your data could have been corrupted by those who didn't provide their sex?

9/10

Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

10/10

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