Parent of Transgender Teen Accuses Queensland Government of Privacy Breach That Could Have ‘Outed’ Her Child
The Queensland government released confidential details about the parent of a transgender teenager – data she claims potentially exposed her teen – to a unknown individual.
Accusations of “Intimidation” and “Invasion of Privacy”
The disclosure emerged as the state government was charged of “intimidation” and “a breach of confidentiality” after requesting private health records from parents of transgender children who are contemplating a further court case to its controversial ban on puberty blockers.
Latest Official Directive on Puberty Blockers
Last month, the Queensland health minister, Tim Nicholls, issued a new order prohibiting the prescription of hormone blockers for transgender patients, shortly after the state’s supreme court ruled the government’s first attempt was illegal.
Guardian Australia has spoken to several parents who have approached Nicholls for a legal document called a statement of reasons – a formal explanation of why the government made a decision to prohibit hormone treatments in the region. Legally, the document must be provided under the state’s Judicial Review Act.
Demanded Medical Details
All four were asked by the health authorities for particulars of their child’s medical history, including “your child’s name, their birthdate and any other evidence which confirms your teen having a clinical diagnosis of gender dysphoria”.
The details were requested before the statement of reasons would be provided.
The email, which has been seen by the Guardian, also instructed them to “please also confirm if your teen is a client of the Queensland Children’s Gender Clinic so that we can verify the data provided with the health service,” states the communication, which was sent recently.
Parents Label Request as Invasion of Privacy
All four mothers characterized the request as an invasion of privacy.
A mother said she was reluctant to share the details because the state government had mistakenly sent her data to a different parent.
“It feels like having to reveal your teen to actually get a reply; like, it’s frightening,” she said.
Case of Louise*
The parent, who cannot be legally identified because it would also identify or expose her teen, was among those who asked for a explanation both times.
In May, the agency sent a response meant for her to another parent, revealing her identity and location – and the fact that she had a transgender child – to a third party. She said a government employee later apologised by telephone; the Guardian has obtained an email from the department admitting the mistake.
She said she felt “sick and unsafe” as a consequence of the blunder.
“My child is very reserved. She is deeply afraid of being exposed in any public space. She dislikes people to be aware that she’s transgender,” the mother said.
“I respect that to my very being as much as possible. The only time I ever, ever share is out of need for gaining access to supports and only to individuals I deem incredibly safe and I trust completely.”
Louise was especially worried about the suggestion it would be “confirmed” by the medical facility.
She said the request was “intimidating” and “feels threatening”.
Other Parent Voices Concerns
Another mother said she was not comfortable revealing the medical history of her seven-year-old gender-diverse child.
“It’s not my data, it’s a seven-year-old’s information,” she said.
“To think that that information could accidentally be leaked one day, in any manner, 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 wouldn’t provide that data to another entity that asked for it, especially in the climate of the present environment,” she said.
“It’s such highly confidential stuff. You wouldn’t disclose, for example, your HIV status to the government office, you know. You’d be very reluctant and careful to provide such details to a bunch of bureaucrats, basically.”
Legal Service Weighing Second Lawsuit
The LGBTI Legal Service, which assisted the mother in her case, was evaluating a new legal action, it said recently.
Its president, Ren Shike, said the ruling had impacted about 500 Queensland children and their relatives and it was crucial to efficiently facilitate the provision of reasons so that minors and their parents can understand the logic behind this ruling, which has had such a severe effect on their access to healthcare”.
Authorities Stance on Prohibition
The government has consistently said the prohibition would stay enforced until a review into trans healthcare had been completed.