Parent of Transgender Teen Accuses State Government of Privacy Breach That Could Have ‘Outed’ Her Child
The state government released confidential information about the mother of a trans teenager – data she claims potentially exposed her child – to a stranger.
Accusations of “Intimidation” and “Privacy Violation”
The disclosure came as the state government was charged of “intimidation” and “a breach of confidentiality” after demanding private health records from parents of trans youth who are considering a additional legal challenge to its disputed ban on hormone blockers.
Recent Official Order on Puberty Blockers
Last month, the state health minister, Tim Nicholls, issued a fresh directive banning the prescription of hormone blockers for transgender patients, just hours after the state’s supreme court determined the initial ban was illegal.
Guardian Australia has spoken to several parents who have approached Nicholls for a legal document called a statement of reasons – a detailed account of why the authorities decided to prohibit hormone treatments in the state. Legally, the document must be provided under the legal statute.
Requested Medical Details
All four were required by the health authorities for details of their teen’s health background, including the minor’s identity, their birthdate and any supporting documents which supports your child having a medical confirmation of gender dysphoria”.
The information were requested before the explanation would be released.
The email, which has been reviewed by the media, also instructed them to “please also confirm if your child is a patient of the Queensland Children’s Gender Clinic so that we can confirm the data provided with the health service,” states the communication, which was dispatched recently.
Parents Describe Request as Breach of Confidentiality
All four mothers described the demand as an invasion of privacy.
A mother said she was reluctant to divulge the details because the state government had accidentally sent her data to a another individual.
“It feels like having to reveal your teen to obtain a reply; like, it’s terrifying,” she said.
Situation of the Mother
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.
Earlier, the agency sent a reply intended for her to another parent, revealing her identity and location – and the fact that she had a trans teen – to a stranger. She said a department official later said sorry by telephone; the Guardian has seen an message from the department confirming the mistake.
She said she felt “sick and unsafe” as a consequence of the blunder.
“My child is incredibly private. She is deeply afraid of being exposed in any public space. She doesn’t like anyone to know that she’s transgender,” Louise said.
“I respect that to my very being as much as possible. The only time I ever share is out of need for obtaining entry to services and only to people I consider trustworthy and I know well.”
The parent was especially worried about the suggestion it would be “verified” by the medical facility.
She said the request was “intimidating” and “seems coercive”.
Additional Parent Expresses Worries
Sally* said she was unwilling revealing the medical history of her seven-year-old non-binary child.
“It’s not my information, it’s a child’s details,” she said.
“To imagine that that information could accidentally be leaked one day, in any way, you know, although that was unintentional, could be extremely upsetting to them.”
She wrote back saying the department had asked for an “excessive level of detail”.
“I would not share that data to another entity that requested it, particularly in the context of the present environment,” she said.
“It’s such highly confidential information. You would not reveal, for example, your medical condition to the minister’s office, you know. You’d be hesitant and careful to submit such details to a group of officials, essentially.”
Legal Service Considering Further Action
The LGBTI Legal Service, which assisted the mother in her challenge, was considering a new legal action, it said recently.
The head, Ren Shike, said the ruling had impacted about hundreds of minors and their relatives and it was crucial to efficiently facilitate the provision of explanations so that minors and their guardians can comprehend the reasoning behind this decision, which has had such a devastating impact on their medical care”.
Government Position on Prohibition
The authorities has repeatedly said the prohibition would remain in place until a examination into gender-affirming care had been finished.