The right private life is the basis of "trans rights" - it is a limited right.
Sometimes govt can require info from people to fulfil a necessary function in a democratic society.
Collecting info on sex is on of those
If you can't ask trans ppl their sex you can't ask anyone
Sometimes govt can require info from people to fulfil a necessary function in a democratic society.
Collecting info on sex is on of those
If you can't ask trans ppl their sex you can't ask anyone
https://twitter.com/Womans_Place_UK/status/1336315999675686912
The right to privacy is basically the right to say "none of your business" in answer to Qs -
eg. What is your sex? age? sexual orientation? what is in that email? what is your religion? who are your children? how much money do you earn? are you pregnant?
eg. What is your sex? age? sexual orientation? what is in that email? what is your religion? who are your children? how much money do you earn? are you pregnant?
It includes not just the right not to answer a question, but the right not to have that information recorded in a database where the information can be processed.
Or- where it is necessary to be recorded it shld be controlled & kept secure
(hence we have GDPR -data protection)
Or- where it is necessary to be recorded it shld be controlled & kept secure
(hence we have GDPR -data protection)
But it is a limited right - the govt demands information all the time - in order to work out how much tax you owe, in pursuit of crimes, in the healthcare system, in the census, in recording births, in child protection...
And there are situations where the right to say 'none of your business' is the right to walk away.
You don't have tell yr age at the supermarket, but you can't buy alcohol if you don't
You don't have to tell an employer yr full history, but u do if the job requires CRB check
You don't have tell yr age at the supermarket, but you can't buy alcohol if you don't
You don't have to tell an employer yr full history, but u do if the job requires CRB check
This was an interesting case from 2015 about the right to privacy of trans people
A transwoman claimed that the information asked in a GRC application was a breach of privacy
thinkinglegally.wordpress.com/2015/03/03/gen…
A transwoman claimed that the information asked in a GRC application was a breach of privacy
thinkinglegally.wordpress.com/2015/03/03/gen…
The High Court rejected the claim on the basis that it in order to do its of certifying whether a person meets the criteria of the GRA job the panel has to know the details of a person's transition.
bailii.org/ew/cases/EWHC/…
bailii.org/ew/cases/EWHC/…
There are many situations where govt, employers or others need to ask, record or recognise people's sex.
Sometimes the right to privacy can mean 'prefer not to say' is an acceptable answer, sometimes they really need to know for everyone.
Sometimes the right to privacy can mean 'prefer not to say' is an acceptable answer, sometimes they really need to know for everyone.
Sometimes 'preferring not to say' means that a service is not available.
If you prefer not to say about surgery you cant apply for a GRC
If you prefer not to say about yr sex you cant use a services that uses a sex based rule (i.e. single sex service)
If you prefer not to say about surgery you cant apply for a GRC
If you prefer not to say about yr sex you cant use a services that uses a sex based rule (i.e. single sex service)
In order to do its job in undertaking the census, the govt has to ask people their sex.
That this makes a minority of people uncomfortable can not be a reason to break the whole system.
That this makes a minority of people uncomfortable can not be a reason to break the whole system.
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