Parent of Trans Teen Alleges Queensland Government of Privacy Breach That Could Have ‘Outed’ Her Child

The Queensland government released private information about the mother of a transgender teenager – data she says potentially “outed” her teen – to a unknown individual.

Allegations of “Intimidation” and “Privacy Violation”

The disclosure came as the government was charged of “coercion” and “a breach of confidentiality” after demanding private health records from parents of transgender children who are considering a further court case to its disputed ban on hormone blockers.

Recent Official Directive on Hormone Treatments

Last month, the state health minister, Tim Nicholls, enacted a new order banning the use of hormone blockers for transgender patients, just hours after the high court determined the government’s first attempt was illegal.

Media has spoken to several parents who have contacted Nicholls for a legal document called a explanation of decision – a detailed account of why the government made a decision to ban puberty blockers in the region. Legally, the document must be supplied under the legal statute.

Requested Medical Details

Each were asked by the Queensland health department for details of their teen’s health background, including “your child’s name, their birthdate and any other evidence which supports your teen having a clinical diagnosis of gender dysphoria”.

The details were requested before the statement of reasons would be released.

The email, which has been seen by the media, also asked them to verify if your child is a client of the youth gender service so that we can verify the information submitted with Children’s Health Queensland,” states the communication, which was sent recently.

Mothers Label Demand as Breach of Confidentiality

Each parent characterized the demand as an invasion of privacy.

A mother said she was reluctant to divulge the information because the authorities had accidentally sent her information to a another individual.

“It seems like having to reveal your child to actually get a response; like, it’s terrifying,” she said.

Case of Louise*

Louise*, who cannot be legally identified because it would also identify or “out” her child, was one of several who asked for a statement of reasons on multiple occasions.

Earlier, the department sent a reply meant for her to another parent, revealing her identity and location – and the detail that she had a transgender child – to a stranger. She said a department official later said sorry over the phone; the Guardian has seen an message from the agency admitting the error.

She said she felt “sick and unsafe” as a consequence of the blunder.

“My child is incredibly private. She is deeply afraid of being outed in any public space. She dislikes anyone to be aware that she’s trans,” the mother said.

“I honor that to my very being as much as humanly possible. The only time I ever disclose is out of need for gaining access to supports and exclusively to individuals I deem incredibly safe and I trust completely.”

The parent was especially worried about the implication it would be “confirmed” by the hospital.

She said the demand was “intimidating” and “feels threatening”.

Additional Mother Expresses Concerns

Sally* said she was not comfortable disclosing the health background of her seven-year-old non-binary child.

“It’s not my information, it’s a seven-year-old’s information,” she said.

“To imagine that that data could inadvertently be disclosed someday, in any way, you know, although that was accidental, could be extremely upsetting to them.”

She wrote back saying the department had requested an “extraordinary amount of information”.

“I wouldn’t provide that data to any other organisation that requested it, particularly in the climate of the present environment,” she said.

“It’s such highly confidential information. You would not reveal, for example, your HIV status to the minister’s office, you know. You’d be hesitant and careful to submit any of that information to a group of officials, basically.”

Advocacy Group Considering Further Action

The advocacy organization, which represented the parent in her case, was considering a second lawsuit, it said last week.

Its president, Ren Shike, said the ruling had affected about 500 Queensland children and their relatives and it was “important to promptly enable the provision of explanations so that children and their parents can understand the logic behind this decision, which has had such a severe effect on their access to healthcare”.

Authorities Position on Ban

The government has consistently said the prohibition would remain in place until a review into gender-affirming care had been finished.

Mark Johnson
Mark Johnson

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