Parent of Transgender Teen Accuses Queensland Government of Privacy Breach That Could Have ‘Outed’ Her Child
The state government disclosed confidential information about the parent of a transgender teenager – information she claims potentially “outed” her teen – to a unknown individual.
Allegations of “Intimidation” and “Invasion of Privacy”
The disclosure came as the state government was charged of “coercion” and “an invasion of privacy” after requesting confidential health records from parents of transgender children who are considering a additional legal challenge to its controversial ban on puberty blockers.
Latest Official Order on Puberty Blockers
Recently, the Queensland health minister, Tim Nicholls, issued a new order banning the prescription of puberty blockers for trans individuals, shortly after the high court determined the government’s first attempt was unlawful.
Guardian Australia has spoken to several parents who have contacted Nicholls for a official paper called a statement of reasons – a detailed account of why the government made a decision to ban puberty blockers in the state. By law, the document must be supplied under the legal statute.
Demanded Medical Details
All four were required by the Queensland health department for details of their teen’s health background, including the minor’s identity, their birthdate and any supporting documents which confirms your teen having a clinical diagnosis of gender identity disorder”.
The details were requested before the statement of reasons would be released.
The email, which has been reviewed by the Guardian, also instructed them to verify if your child is a patient of the Queensland Children’s Gender Clinic so that we can confirm the data submitted with the health service,” reads the communication, which was dispatched recently.
Parents Label Demand as Breach of Confidentiality
All four mothers described the demand as an violation of confidentiality.
A mother said she was reluctant to divulge the details because the state government had mistakenly forwarded her data to a another individual.
“It feels like having to ‘out’ your child to actually get a reply; like, it’s terrifying,” she said.
Case of the Mother
Louise*, who cannot be legally identified because it would also identify or “out” her child, was among those who requested a statement of reasons both times.
Earlier, the department emailed a reply meant for her to another parent, disclosing her identity and address – and the detail that she had a trans teen – to a stranger. She said a department official later apologised over the phone; the Guardian has obtained an email from the agency admitting the mistake.
She said she felt “sick and unsafe” as a result of the blunder.
“My daughter is very reserved. She is deeply afraid of being exposed in any public space. She dislikes anyone to be aware that she’s trans,” the mother said.
“I respect that to my core as much as possible. The sole occasion I ever disclose is out of necessity for obtaining entry to supports and exclusively to individuals I consider trustworthy and I trust completely.”
Louise was especially worried about the implication it would be “confirmed” by the medical facility.
She said the request was “intimidating” and “feels threatening”.
Additional Mother Expresses Concerns
Another mother said she was unwilling disclosing the medical history of her seven-year-old non-binary child.
“It’s not my information, it’s a seven-year-old’s information,” she said.
“To think that that data could accidentally be disclosed someday, in any manner, you know, although that was unintentional, could be extremely upsetting to him.”
She responded saying the department had requested an “extraordinary amount of information”.
“I would not share that information to another entity that requested it, especially in the context of the present environment,” she said.
“It’s such highly confidential stuff. You wouldn’t disclose, for instance, your HIV status to the minister’s office, you know. You’d be very reluctant and very cautious to submit any of that information to a group of officials, essentially.”
Advocacy Group Considering Second Lawsuit
The advocacy organization, which assisted the parent in her challenge, was evaluating a second lawsuit, it said last week.
Its president, Ren Shike, said the decision had impacted about hundreds of minors and their relatives and it was crucial to promptly enable the supply of reasons so that minors and their parents can understand 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 trans healthcare had been finished.