Mother of Transgender Teen Accuses Queensland Government of Privacy Breach That Could Have ‘Outed’ Her Child
The state government released private details about the mother of a transgender teenager – data she says potentially exposed her child – to a unknown individual.
Accusations of “Intimidation” and “Privacy Violation”
The revelation came as the state government was accused of “coercion” and “a breach of confidentiality” after demanding confidential medical information from guardians of transgender children who are considering a further legal challenge to its controversial ban on hormone blockers.
Latest Official Order on Puberty Blockers
Recently, the state health official, Tim Nicholls, issued a fresh directive prohibiting the prescription of hormone blockers for trans individuals, shortly after the state’s supreme court ruled the government’s first attempt was unlawful.
Guardian Australia has spoken to four mothers who have contacted Nicholls for a legal document called a statement of reasons – a formal explanation of why the authorities made a decision to ban puberty blockers in the state. By law, the paper must be supplied under the legal statute.
Demanded Medical Details
All four were required by the health authorities for particulars of their child’s medical history, including “your child’s name, their date of birth and any other evidence which supports your teen having a clinical diagnosis of gender dysphoria”.
The details were sought before the explanation would be provided.
The message, which has been reviewed by the media, also asked them to “please also confirm if your teen is a patient of the Queensland Children’s Gender Clinic so that we can confirm the information provided with the health service,” states the email, which was sent recently.
Mothers Describe Request as Breach of Confidentiality
Each parent characterized the request as an invasion of privacy.
A mother said she was hesitant to divulge the details because the authorities had accidentally sent her information to a different parent.
“It feels like having to reveal your child 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 expose her child, was among those who requested a statement of reasons both times.
In May, the department emailed a response meant for her to someone else, revealing her identity and location – and the detail that she had a transgender child – to a third party. She said a department official later apologised by telephone; the Guardian has obtained an email from the department admitting the mistake.
She said she felt “ill and vulnerable” as a result of the blunder.
“My daughter is very reserved. She is deeply afraid of being outed 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 sole occasion I ever disclose is out of need for obtaining entry to services and only to individuals I consider 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 demand was “threatening” and “feels threatening”.
Additional Mother Voices Worries
Another mother said she was unwilling disclosing the medical history of her young non-binary child.
“It’s not my information, it’s a child’s details,” she said.
“To imagine that that data could inadvertently be leaked one day, in any way, you know, even if that was accidental, could be extremely upsetting to them.”
She responded saying the department had asked for an “extraordinary amount of information”.
“I would not share that data to any other organisation that requested it, especially in the climate of the present environment,” she said.
“It’s such highly confidential information. You would not reveal, for example, your HIV status to the government office, you know. You’d be hesitant and very cautious to provide any of that information to a group of officials, essentially.”
Advocacy Group Weighing Second Lawsuit
The LGBTI Legal Service, which represented the mother in her challenge, was considering a new legal action, it said last week.
Its president, Ren Shike, said the decision had impacted about 500 Queensland children and their families and it was crucial to efficiently facilitate the supply of explanations so that minors and their guardians can comprehend the reasoning behind this decision, which has had such a severe effect on their access to healthcare”.
Government Stance on Prohibition
The government has consistently said the ban would remain in place until a examination into gender-affirming care had been completed.