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Organizations representing the LGBTQ+ community voice apprehensions over prospective gender categorization schemes

Individuals seeking to alter their names and legal gender are aiming to distance themselves from their past official persona. However, this process may become more challenging with the introduction of a new policy.

Concerns raised by queer organizations over proposed gender categorization plans
Concerns raised by queer organizations over proposed gender categorization plans

Organizations representing the LGBTQ+ community voice apprehensions over prospective gender categorization schemes

The Federal Ministry of the Interior's plan to notify other authorities when there are changes in gender entry and first name in the civil registry has raised concerns among German queer associations. These organisations argue that the plan, which aims to ensure individuals with changed gender entries and names can be identified in official registers and information systems, could expose sensitive personal information about transgender and non-binary people, leading to potential discrimination, stigmatisation, or safety risks.

The concerns stem from the increased exposure of trans people's personal information, which may result in unwanted disclosure of their trans identity. This could be particularly challenging for trans parents and individuals who already face challenges related to public records that do not reflect their lived gender identity, such as the use of former names ("deadnames") and sex assigned at birth.

The Queer Diversity Association and the German Society for Trans and Inter identities (dgti) believe that the planned transmission of gender and name changes to multiple authorities intensifies these privacy concerns, as it increases the number of entities aware of sensitive personal data, thereby raising the risk of data misuse or leaks.

The Self-Determination Act, which came into force on November 1, 2021, made it easier to change one's gender entry and first name at the registry office. However, the Federal Ministry of the Interior is planning to require individuals who change their gender entry and first name to fill out three new forms detailing their previous gender entry.

Both associations argue that additional requirements for authorities like the pension insurance to be separately informed about a change of civil status are unnecessary. They also find it paradoxical that the disclosure ban, which prohibits the disclosure or investigation of the gender entry and previous first name registered before the change without the affected person's consent, is supposed to be ensured by an expansion of the storage and transmission of information.

The Queer Diversity Association suggests that the database could lead to state persecution with a small step, while Alfonso Pantisano, the queer commissioner of the Berlin Senate, describes the plan as an "attack on our freedom". The dgti considers the ministry's plan a massive invasion of privacy and a contradiction to the Self-Determination Act.

The authorities receiving the data would be able to recognise and enforce the disclosure ban. However, there are exceptions for law enforcement or security authorities in the disclosure ban. The regulation aims to make it possible for authorities to update the data already stored for the person.

The German Society for Trans and Inter identities (dgti) and the Queer Diversity Association are urging for protection of gender and sexual identity in the Basic Law, as they believe additional markings could expose these identities. They argue that such measures contravene principles advocating for respect, confidentiality, and autonomy in legal gender recognition, as reflected in European human rights discussions and the Yogyakarta Principles.

The ministry's plan has sparked concern among queer associations due to increasing numbers of hate crimes. Pantisano argues that systematically recording people just because they have freed themselves turns self-determination into a risk index and state care into state mistrust.

References: [1] Queer Diversity Association, German Society for Trans and Inter identities (dgti) (2022). Statement on the Federal Ministry of the Interior's plan to notify other authorities about changes in gender entry and first name in the civil registry. Retrieved from www.queerdiversity.de/statement-on-the-federal-ministry-of-the-interiors-plan/

  1. Enhanced policies and legislation regarding mental health and wellness should prioritize the protection of transgender and non-binary individuals' privacy, considering the potential stigmatization, discrimination, and safety risks associated with the exposure of sensitive personal information.
  2. The health-and-wellness sector, including general news media, should address the concerns raised by queer associations about the Federal Ministry of the Interior's plan, as this plan may contravert principles advocating for respect, confidentiality, and autonomy in legal gender recognition.
  3. It is essential for the science community to engage in discussions about the implications of policy-and-legislation decisions on the health and well-being of transgender and non-binary individuals, given the increased exposure of their personal information and resulting potential risks in various aspects of their lives.

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