Information records and privacy

Information records and privacy

All relevant records including the staff member's personal file, email details, swipe cards, identification passes, library cards, and other contact information should be changed to reflect the chosen gender and name before the transition of the staff member.

The number of people who need to be informed about the gender reassignment of the staff member should be carefully managed. Details relating to an individual's gender reassignment should be given to other staff members only if this information is needed for his or her job. In such cases the sensitive nature of this information should be made clear. Both during and after transition, all records relating to the staff member's gender reassignment or transgender status should be kept confidential and treated as ‘sensitive data’ for data protection purposes. Information about a staff member's gender history should not be disclosed to a third party without the member of staff's written consent.

It is recommended that, where possible, information that needs to be retained relating to the staff member's previous identity, for example copies of qualification certificates, or gender reassignment or transgender status be kept confidential and separate from their current record.

Where records require the person's legal name to be held, changes can only be made with supporting documentation, e.g. Deed Poll, which record the person's chosen legal name. When recording an individual's change of name it is important to confirm his or her preferred title (i.e. Ms, Miss or Mr). Similarly, where a person's gender is recorded, unless it is necessary for a legal or fiscal reason, e.g. pensions, this information should be changed as requested. Other information which may disclose a person's previous gender, e.g. membership of a club or society should only be retained with the individual's consent.

There are some roles or courses which may require a criminal record check, such as those with access to young (e.g. teaching courses or Childcare Office positions) or vulnerable people. The Criminal Record Bureau has a specific service to support Transgender people. Those wishing to use this process must contact the CRB Transgender line directly (tel. 0151 676 1452, email crbsensitive@crb.gsi.gov.uk).

Note: it is not appropriate to ask to see a Gender Recognition Certificate as holders will have a modified Birth Certificate which is evidence of gender. However, a holder of a Gender Recognition Certificate may volunteer to provide this as evidence of gender.