Parent of Trans Teen Accuses State Government of Privacy Breach That Could Have ‘Outed’ Her Child
The state government disclosed private details about the mother of a trans teenager – information she says potentially “outed” her child – to a stranger.
Allegations of “Bullying” and “Privacy Violation”
The revelation emerged as the government was charged of “coercion” and “a breach of confidentiality” after requesting confidential medical information from guardians of transgender children who are considering a additional court case to its disputed ban on puberty blockers.
Recent Official Order on Hormone Treatments
Last month, the state health official, Tim Nicholls, issued a new order prohibiting the use of hormone blockers for transgender patients, shortly after the state’s supreme court determined the government’s first attempt was illegal.
Guardian Australia has spoken to four mothers who have approached Nicholls for a official paper called a explanation of decision – a formal explanation of why the authorities made a decision to ban hormone treatments in the state. By law, the document must be provided under the state’s Judicial Review Act.
Demanded Medical Details
Each were required by the Queensland health department for particulars of their teen’s health background, including “your child’s name, their date of birth and any supporting documents which confirms your teen having a clinical diagnosis of gender dysphoria”.
The details were sought before the explanation would be released.
The message, which has been reviewed by the media, also asked 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 Children’s Health Queensland,” reads the communication, which was dispatched recently.
Mothers Describe Request as Breach of Confidentiality
All four mothers described the request as an violation of confidentiality.
One parent said she was hesitant to share the details because the authorities had mistakenly sent her information to a different parent.
“It feels like having to ‘out’ your teen to obtain a reply; like, it’s frightening,” she said.
Case of Louise*
The parent, who cannot be legally identified because it would also reveal or “out” her child, was one of several who asked for a explanation both times.
In May, the department sent a reply intended for her to another parent, disclosing her name and location – and the detail that she had a trans teen – to a third party. She said a government employee later apologised over the phone; the Guardian has seen an email from the agency admitting the mistake.
She said she felt “ill and vulnerable” as a result of the blunder.
“My child is incredibly private. She is immensely fearful of being outed in any public space. She dislikes anyone to know that she’s trans,” the mother said.
“I respect that to my core as much as possible. The only time I ever, ever share is out of need for gaining access to services and only to people I consider incredibly safe and I know well.”
Louise was particularly concerned about the implication it would be “confirmed” by the hospital.
She said the demand was “threatening” and “seems coercive”.
Additional Mother Expresses Concerns
Sally* said she was not comfortable revealing the medical history of her young gender-diverse child.
“It’s not my information, it’s a child’s details,” she said.
“To think that that data could accidentally be leaked someday, in any way, you know, although that was accidental, could be deeply, deeply distressing to him.”
She responded saying the agency had requested an “extraordinary amount of information”.
“I wouldn’t provide that data to another entity that asked for it, particularly in the climate of the present environment,” she said.
“It’s such intensely private information. You wouldn’t disclose, for example, your HIV status to the government office, you know. You’d be very reluctant and careful to submit any of that information to a group of officials, basically.”
Legal Service Considering Second Lawsuit
The advocacy organization, which assisted the mother in her challenge, was evaluating a new legal action, it said last week.
Its president, Ren Shike, said the ruling had impacted about 500 Queensland children and their relatives and it was crucial to promptly enable the supply of explanations so that minors and their parents can comprehend the reasoning behind this ruling, which has had such a severe effect on their medical care”.
Authorities Position on Prohibition
The authorities has consistently said the prohibition would remain in place until a examination into trans healthcare had been completed.