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Add birth sex to special category data under GDPR

Submitted by Gwyneth Gwendolyn Clynnog Morgan on Monday 5th May 2025

Published on Friday 10th October 2025

Current status: Closed

Closed: Friday 10th April 2026

Signatures: 52

Relevant Departments

Tagged with

Accidental ~ biological ~ Biological sex ~ Concern ~ concerns ~ court judgement ~ Courts ~ Disclosure ~ Equal ~ Equality Act ~ Gay ~ Gdpr ~ Judgement ~ list ~ listing ~ Personality ~ Protecting ~ risk ~ Supreme ~ Supreme Court ~ supreme Court judges ~ Transgender ~ vulnerability

Petition Action

Add birth sex to special category data under GDPR

Petition Details

Under UK GDPR, special category data is personal data that needs more protection because it is sensitive. It includes "sexual orientation", which can protect gay people; this does not protect transgender people. We urge the Government to add birth sex to the list.

Additional Information

A Supreme Court judgement found that a person's sex for the purpose of the Equality Act is their "biological sex" and that this describes sex at birth. We are concerned about how that information will be recorded and verified for transgender people. We feel making vulnerable groups easy to identify can increase the risk of harassment and discrimination. As with sexuality or religion, we believe birth sex should be "need to know", and protected from potentially accidental/malicious disclosure.


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