Mother of Transgender Teen Accuses State Government of Privacy Breach That Could Have Revealed Her Child
The state government released private information about the mother of a transgender teenager – data she says potentially “outed” her teen – to a stranger.
Allegations of “Bullying” and “Privacy Violation”
The revelation emerged as the state government was charged of “intimidation” and “an invasion of privacy” after requesting private health records from parents of transgender children who are considering a additional court case to its controversial prohibition on puberty blockers.
Latest Government Directive on Hormone Treatments
Recently, the state health minister, Tim Nicholls, issued a new order banning the use of hormone blockers for trans individuals, just hours after the state’s supreme court ruled the initial ban was unlawful.
Guardian Australia has spoken to four mothers who have contacted Nicholls for a legal document called a explanation of decision – a formal explanation of why the government decided to ban hormone treatments in the region. By law, the paper must be provided under the legal statute.
Requested Medical Details
Each were asked by the health authorities for particulars of their teen’s health background, including “your child’s name, their birthdate and any other evidence which supports your teen having a clinical diagnosis of gender identity disorder”.
The details were requested before the statement of reasons would be released.
The message, which has been seen by the media, also instructed them to “please also confirm if your child is a client of the youth gender service so that we can verify the information provided with the health service,” reads the communication, which was sent last Friday.
Mothers Describe Demand as Breach of Confidentiality
Each parent characterized the request as an invasion of privacy.
One parent said she was hesitant to divulge the information because the authorities had accidentally sent her data to a different parent.
“It feels like having to reveal your teen to actually get a response; like, it’s frightening,” she said.
Case of Louise*
The parent, who cannot be legally identified because it would also reveal or expose her teen, was among those who requested a explanation both times.
In May, the agency sent a response intended for her to someone else, revealing her name and location – and the fact that she had a trans teen – to a stranger. She said a government employee later said sorry by telephone; the Guardian has obtained an message from the department admitting the error.
She said she felt “ill and vulnerable” as a consequence of the error.
“My child is very reserved. She is immensely fearful of being outed in any public space. She doesn’t like anyone to be aware that she’s trans,” the mother said.
“I respect that to my very being as much as humanly possible. The only time I ever, ever disclose is out of need for gaining access to services and only to individuals I deem trustworthy and I trust completely.”
Louise was particularly concerned about the suggestion it would be “confirmed” by the medical facility.
She said the request was “threatening” and “feels threatening”.
Additional Mother Voices Concerns
Another mother said she was unwilling disclosing the health background of her young gender-diverse child.
“It’s not my information, it’s a seven-year-old’s information,” she said.
“To imagine that that data could inadvertently be disclosed someday, in any way, you know, even if that was unintentional, could be extremely upsetting to him.”
She wrote back saying the agency had requested an “extraordinary amount of information”.
“I wouldn’t provide that information to another entity that asked for it, particularly in the climate of the present environment,” she said.
“It’s such intensely private information. You wouldn’t disclose, 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 group of officials, essentially.”
Advocacy Group Weighing Second Lawsuit
The advocacy organization, which represented the mother in her challenge, was considering a second lawsuit, it said recently.
Its president, Ren Shike, said the decision had affected about 500 Queensland children and their families and it was “important to promptly enable the provision of explanations so that minors and their parents can understand the logic behind this decision, which has had such a devastating impact on their access to healthcare”.
Government Position on Ban
The authorities has repeatedly said the ban would remain in place until a examination into gender-affirming care had been completed.