Mother of Trans Teen Accuses Queensland Government of Privacy Breach That Could Have Revealed Her Child
The Queensland government disclosed confidential details about the parent of a transgender teenager – data she claims potentially “outed” her teen – to a unknown individual.
Accusations of “Intimidation” and “Invasion of Privacy”
The revelation came as the state government was accused of “coercion” and “a breach of confidentiality” after demanding confidential medical information from parents of trans youth who are considering a further legal challenge to its disputed prohibition on puberty blockers.
Latest Official Order on Puberty Blockers
Recently, the state health minister, Tim Nicholls, issued a new order prohibiting the use of hormone blockers for trans individuals, shortly after the state’s supreme court determined the government’s first attempt was unlawful.
Guardian Australia has spoken to four mothers who have contacted Nicholls for a official paper called a explanation of decision – a detailed account of why the authorities made a decision to prohibit hormone treatments in the state. Legally, the document must be provided under the state’s Judicial Review Act.
Demanded Health Information
All four were required by the Queensland health department for details of their child’s medical history, including “your child’s name, their date of birth and any other evidence which confirms your child having a medical confirmation of gender identity disorder”.
The details were sought before the explanation would be released.
The email, which has been seen by the Guardian, also instructed them to verify if your teen is a patient of the youth gender service so that we can confirm the information submitted with the health service,” reads the email, which was sent recently.
Parents Label Demand as Breach of Confidentiality
Each parent described the demand as an violation of confidentiality.
A mother said she was hesitant to divulge the details because the authorities had accidentally forwarded her information to a another individual.
“It feels like having to reveal your teen to obtain a response; like, it’s frightening,” she said.
Situation of Louise*
Louise*, 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 emailed a response meant for her to another parent, disclosing her name and address – and the fact that she had a trans teen – to a third party. She said a government employee later apologised by telephone; the media has seen an message from the department confirming the mistake.
She said she felt “ill and vulnerable” as a result of the error.
“My child is incredibly private. She is deeply afraid of being outed in any public space. She doesn’t like anyone to know that she’s transgender,” the mother said.
“I honor that to my core as much as humanly possible. The sole occasion I ever, ever share is out of need for gaining access to services and exclusively to individuals I consider trustworthy and I know well.”
Louise was particularly concerned about the suggestion it would be “verified” by the hospital.
She said the demand was “intimidating” and “feels threatening”.
Other Mother Expresses Concerns
Sally* said she was not comfortable disclosing the medical history of her young non-binary 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 manner, you know, even if that was unintentional, could be extremely upsetting to him.”
She responded saying the department had asked for an “excessive level of detail”.
“I would not share that data to another entity that asked for it, particularly in the context of the current political climate,” she said.
“It’s such highly confidential stuff. You wouldn’t disclose, for instance, your HIV status to the minister’s office, you know. You’d be very reluctant and very cautious to provide such details to a group of officials, basically.”
Advocacy Group Considering Further Action
The LGBTI Legal Service, which represented the mother in her challenge, was considering a second lawsuit, it said recently.
Its president, Ren Shike, said the ruling had affected about hundreds of minors and their families and it was “important to promptly enable the supply of reasons so that children and their guardians can understand the reasoning behind this ruling, which has had such a devastating impact on their medical care”.
Government Position on Ban
The authorities has repeatedly said the ban would stay enforced until a review into trans healthcare had been finished.