Parent of Transgender Teen Alleges State Government of Privacy Breach That Could Have Revealed Her Child
The Queensland government disclosed confidential information about the parent of a transgender teenager – data she says potentially exposed her teen – to a unknown individual.
Allegations of “Bullying” and “Privacy Violation”
The disclosure came as the state government was accused of “coercion” and “a breach of confidentiality” after requesting confidential health records from guardians of trans youth who are considering a additional court case to its controversial ban on puberty blockers.
Latest Official Directive on Hormone Treatments
Recently, the state health minister, Tim Nicholls, issued a new order banning the prescription of puberty blockers for transgender patients, just hours after the high court ruled the initial ban was illegal.
Guardian Australia has interviewed several parents who have contacted Nicholls for a legal document called a statement of reasons – a formal explanation of why the government decided to ban hormone treatments in the state. By law, the document must be provided under the state’s Judicial Review Act.
Requested Health Information
All four were required by the Queensland health department for details of their teen’s health background, including the minor’s identity, their date of birth and any supporting documents which confirms your child having a clinical diagnosis of gender dysphoria”.
The details were sought before the statement of reasons would be provided.
The email, which has been reviewed by the media, also asked them to “please also confirm if your child is a client of the youth gender service so that we can verify the data submitted with the health service,” reads the communication, which was dispatched last Friday.
Mothers Label Demand as Breach of Confidentiality
Each parent characterized the demand as an invasion of privacy.
A mother said she was reluctant to divulge the information because the state government had mistakenly sent her data to a another individual.
“It feels like having to reveal your teen to actually get a response; like, it’s frightening,” she said.
Situation of Louise*
Louise*, who cannot be legally identified because it would also reveal or “out” her child, was one of several who requested a statement of reasons on multiple occasions.
In May, the department emailed a reply intended for her to someone else, revealing her identity and location – and the detail that she had a trans teen – to a stranger. She said a government employee later apologised by telephone; the Guardian has obtained an email from the department admitting the error.
She said she felt “sick and unsafe” as a consequence of the blunder.
“My daughter is very reserved. She is immensely fearful of being exposed in any public space. She dislikes anyone to be aware that she’s transgender,” the mother said.
“I respect that to my very being as much as possible. The only time I ever, ever disclose is out of necessity for obtaining entry to services and exclusively to individuals I deem trustworthy and I know well.”
Louise was especially worried about the implication it would be “verified” by the medical facility.
She said the request was “threatening” and “feels threatening”.
Other Parent Expresses Worries
Sally* said she was unwilling revealing the health background of her young non-binary child.
“It’s not my data, it’s a seven-year-old’s details,” she said.
“To imagine that that information could inadvertently be leaked someday, in any manner, you know, although that was unintentional, could be extremely upsetting to them.”
She responded saying the department had requested an “extraordinary amount of information”.
“I wouldn’t provide that information to any other organisation that asked for it, especially in the climate of the current political climate,” she said.
“It’s such intensely private stuff. You wouldn’t disclose, for instance, your HIV status to the minister’s office, you know. You’d be hesitant and careful to provide such details to a bunch of bureaucrats, essentially.”
Legal Service Weighing Second Lawsuit
The LGBTI Legal Service, which represented the parent in her challenge, was considering a new legal action, it said recently.
Its president, Ren Shike, said the decision had affected about 500 Queensland children and their relatives and it was crucial to efficiently facilitate the supply of explanations so that children and their guardians can understand the reasoning behind this decision, which has had such a devastating impact on their access to healthcare”.
Authorities Position on Prohibition
The government has consistently said the ban would remain in place until a review into gender-affirming care had been completed.