Parent of Transgender Teen Accuses Queensland Government of Privacy Breach That Could Have ‘Outed’ Her Child
The Queensland government released confidential details about the mother of a transgender teenager – information she claims potentially “outed” her teen – to a stranger.
Accusations of “Bullying” and “Privacy Violation”
The revelation came as the state government was charged of “intimidation” and “an invasion of privacy” after demanding private medical information from guardians of transgender children who are contemplating a further court case to its controversial prohibition on hormone blockers.
Recent Government Directive on Hormone Treatments
Recently, the state health official, Tim Nicholls, enacted a new order prohibiting the use of hormone blockers for trans individuals, shortly after the high court ruled the government’s first attempt was illegal.
Guardian Australia has spoken to four mothers who have contacted Nicholls for a legal document called a statement of reasons – a detailed account of why the government decided to ban hormone treatments in the region. By law, the paper must be supplied under the state’s Judicial Review Act.
Requested Medical Details
All four were asked by the Queensland health department for particulars of their child’s medical history, including the minor’s identity, their date of birth and any other evidence which supports your child having a medical confirmation of gender identity disorder”.
The details were sought before the explanation would be provided.
The message, which has been seen by the Guardian, also instructed them to “please also confirm if your child is a patient of the youth gender service so that we can verify the information submitted with Children’s Health Queensland,” reads the communication, which was sent recently.
Mothers Describe Demand as Breach of Confidentiality
Each parent described the request as an violation of confidentiality.
One parent said she was reluctant to share the details because the state government had mistakenly forwarded her information to a another individual.
“It seems like having to ‘out’ your child to actually get a response; like, it’s terrifying,” she said.
Case of Louise*
The parent, who cannot be legally identified because it would also identify or “out” her teen, was among those who asked for a statement of reasons on multiple occasions.
Earlier, the department emailed a response meant for her to someone else, revealing her identity and address – and the fact that she had a trans teen – to a stranger. She said a government employee later apologised over the phone; the media has seen an email from the department confirming the mistake.
She said she felt “ill and vulnerable” as a result of the error.
“My child is very reserved. She is immensely fearful of being outed in any public space. She dislikes anyone to know that she’s transgender,” the mother said.
“I respect that to my core as much as humanly possible. The sole occasion I ever disclose is out of need for obtaining entry to supports and exclusively to people I deem incredibly safe and I trust completely.”
The parent was particularly concerned about the implication it would be “confirmed” by the hospital.
She said the request was “intimidating” and “feels threatening”.
Other Parent Expresses Worries
Sally* said she was not comfortable disclosing the medical history of her young gender-diverse 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 deeply, deeply distressing to them.”
She wrote back saying the agency had requested an “excessive level of detail”.
“I wouldn’t provide that information to any other organisation that requested it, especially in the context of the current political climate,” she said.
“It’s such intensely private stuff. You would not reveal, for instance, your HIV status to the government office, you know. You’d be hesitant and careful to submit any of that information to a bunch of bureaucrats, essentially.”
Legal Service Weighing Second Lawsuit
The LGBTI Legal Service, which assisted the parent in her case, was evaluating a new legal action, it said recently.
Its president, Ren Shike, said the ruling had affected about hundreds of minors and their relatives and it was “important to promptly enable the provision of reasons so that children and their parents can understand the reasoning behind this decision, which has had such a severe effect on their access to healthcare”.
Authorities Stance on Ban
The government has repeatedly said the ban would stay enforced until a examination into gender-affirming care had been completed.