Mother of Trans Teen Alleges State Government of Privacy Breach That Could Have Revealed Her Child
The Queensland government released private details about the mother of a transgender teenager – information she says potentially “outed” her child – to a unknown individual.
Allegations of “Intimidation” and “Invasion of Privacy”
The disclosure emerged as the government was accused of “coercion” and “a breach of confidentiality” after demanding private health records from parents of trans youth who are contemplating a additional court case to its disputed prohibition on puberty blockers.
Latest Government Order on Puberty Blockers
Recently, the Queensland health minister, Tim Nicholls, issued a fresh directive prohibiting the prescription of puberty blockers for trans individuals, shortly after the high court ruled the initial ban was illegal.
Guardian Australia has interviewed several parents who have approached Nicholls for a legal document called a statement of reasons – a detailed account of why the authorities made a decision to ban puberty blockers in the state. By law, the paper must be provided under the state’s Judicial Review Act.
Requested Health Information
All four were asked by the health authorities for details of their teen’s health background, including the minor’s identity, their date of birth and any supporting documents which supports your child having a medical confirmation of gender identity disorder”.
The information were sought before the statement of reasons would be provided.
The email, which has been reviewed by the Guardian, also asked them to “please also confirm if your teen is a client of the youth gender service so that we can confirm the data submitted with the health service,” reads the email, which was sent recently.
Mothers Label Request as Breach of Confidentiality
All four mothers characterized the request as an violation of confidentiality.
A mother said she was hesitant to divulge the details because the state government had accidentally forwarded her data to a different parent.
“It feels like having to reveal your child to obtain a reply; like, it’s frightening,” she said.
Case of the Mother
Louise*, who cannot be legally identified because it would also identify or “out” her teen, was one of several who requested a statement of reasons on multiple occasions.
In May, the department emailed a response intended for her to someone else, disclosing her name and address – and the fact that she had a trans teen – to a stranger. She said a government employee later said sorry over the phone; the media has obtained an email from the department confirming the mistake.
She said she felt “ill and vulnerable” as a consequence of the error.
“My daughter is very reserved. She is immensely fearful of being outed in any public space. She dislikes anyone to know that she’s trans,” the mother said.
“I honor that to my very being as much as possible. The only time I ever, ever share is out of necessity for obtaining entry to supports and only to people I deem incredibly safe and I know well.”
The parent was particularly concerned about the implication it would be “confirmed” by the medical facility.
She said the request was “intimidating” and “seems coercive”.
Additional Parent Voices Concerns
Sally* said she was unwilling revealing the medical history of her seven-year-old gender-diverse child.
“It’s not my information, it’s a seven-year-old’s information,” she said.
“To imagine that that information could inadvertently be disclosed someday, in any way, you know, although that was accidental, could be extremely upsetting to them.”
She wrote back saying the department had requested an “excessive level of detail”.
“I wouldn’t provide that information to any other organisation that requested it, particularly in the context of the current political climate,” she said.
“It’s such highly confidential information. You would not reveal, for instance, your HIV status to the minister’s office, you know. You’d be hesitant and careful to submit any of that information to a bunch of bureaucrats, essentially.”
Advocacy Group Weighing Further Action
The LGBTI Legal Service, which assisted the parent in her case, was considering a new legal action, it said recently.
Its president, Ren Shike, said the ruling had affected about 500 Queensland children and their families and it was crucial to promptly enable the supply of reasons so that children and their parents can comprehend the reasoning behind this ruling, which has had such a severe effect on their medical care”.
Government Position on Ban
The government has consistently said the prohibition would stay enforced until a review into gender-affirming care had been finished.