Mother of Trans Teen Accuses Queensland Government of Data Leak That Could Have Revealed Her Child
The Queensland government disclosed confidential information about the mother of a transgender teenager – information she says potentially “outed” her child – to a unknown individual.
Allegations of “Bullying” and “Invasion of Privacy”
The disclosure emerged as the government was charged of “intimidation” and “a breach of confidentiality” after requesting confidential health records from guardians of trans youth who are contemplating a further court case to its disputed ban on puberty blockers.
Recent Official Directive on Hormone Treatments
Last month, the state health official, Tim Nicholls, enacted a new order prohibiting the prescription of hormone blockers for transgender patients, shortly after the high court determined the government’s first attempt was illegal.
Guardian Australia has interviewed four mothers who have contacted Nicholls for a legal document called a explanation of decision – a detailed account of why the authorities decided to ban hormone treatments in the region. By law, the paper must be supplied under the legal statute.
Requested Medical Details
All four were asked by the Queensland health department for details of their teen’s health background, including “your child’s name, their date of birth and any other evidence which confirms your teen having a clinical diagnosis of gender identity disorder”.
The information were requested before the explanation would be released.
The email, which has been reviewed by the Guardian, also instructed them to verify if your child is a client of the Queensland Children’s Gender Clinic so that we can confirm the information submitted with Children’s Health Queensland,” states the communication, which was dispatched last Friday.
Parents Label Request as Breach of Confidentiality
Each parent characterized the demand as an invasion of privacy.
A mother said she was reluctant to share the details because the authorities had accidentally sent her data to a another individual.
“It seems like having to ‘out’ your teen to actually get a reply; like, it’s frightening,” she said.
Situation of the Mother
Louise*, who must remain anonymous because it would also identify or expose her child, was among those who requested a statement of reasons both times.
In May, the department emailed a reply intended for her to another parent, revealing her name and address – and the fact that she had a trans teen – to a third party. She said a department official later said sorry by telephone; the media has obtained an message from the agency confirming 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 exposed in any social setting. She doesn’t like people to know that she’s trans,” Louise said.
“I respect that to my very being as much as humanly possible. The sole occasion I ever disclose is out of need for gaining access to services and exclusively to people I deem incredibly safe and I know well.”
The parent was particularly concerned about the implication it would be “verified” by the hospital.
She said the demand was “threatening” and “feels threatening”.
Other Mother Expresses Concerns
Another mother said she was not comfortable disclosing the medical history of her young gender-diverse child.
“It’s not my data, it’s a child’s details,” she said.
“To imagine that that data could accidentally be leaked someday, in any way, you know, although that was unintentional, could be deeply, deeply distressing to them.”
She responded saying the agency had asked for an “excessive level of detail”.
“I wouldn’t provide that data to another entity that asked for it, particularly in the context of the present environment,” she said.
“It’s such intensely private information. You would not reveal, for example, your HIV status to the minister’s office, you know. You’d be very reluctant and very cautious to provide any of that information to a bunch of bureaucrats, essentially.”
Advocacy Group Weighing Second Lawsuit
The LGBTI Legal Service, which represented the parent in her case, was considering a second lawsuit, it said recently.
Its president, Ren Shike, said the ruling had affected about hundreds of minors and their relatives and it was crucial to efficiently facilitate the supply of explanations so that children and their guardians can comprehend the reasoning behind this decision, which has had such a devastating impact on their access to healthcare”.
Government Position on Ban
The government has consistently said the ban would remain in place until a review into trans healthcare had been completed.