United KingdomGender Recognition Act 2004, offence of disclosing protected gender recognition information
Gender Recognition Act 2004 (c. 7), s. 22
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
What it requires
- Do not disclose to any other person information that relates to a person's application for gender recognition, or that concerns their gender before it became the acquired gender, if you acquired it as an employer or prospective employer of that person or in the course of conducting business or supplying professional services, unless an exception in section 22(4) of the Gender Recognition Act 2004 applies.
- Treat a disclosure as lawful without the person's agreement only where a section 22(4) exception covers it, such as a disclosure that does not enable the person to be identified, a disclosure in accordance with an order of a court or tribunal, or a disclosure for the purpose of preventing or investigating crime.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Disclosing protected information acquired in an official capacity, which includes acquiring it as an employer or in the conduct of business, is an offence under section 22 of the Gender Recognition Act 2004 punishable on summary conviction by a fine not exceeding level 5 on the standard scale (section 22(8)).
What this law does
Section 22(1) of the Gender Recognition Act 2004 makes it an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person.
Section 22(2) defines protected information as information which relates to a person who has made an application under section 1(1) and which concerns that application, among other listed applications, or, if the application under section 1(1) is granted, otherwise concerns the person's gender before it becomes the acquired gender.
Under section 22(3), a person acquires protected information in an official capacity if the person acquires it in connection with the person's functions as a member of the civil service, a constable or the holder of any other public office, as an employer or prospective employer of the person to whom the information relates, or in the course of, or otherwise in connection with, the conduct of business or the supply of professional services.
Section 22(4) lists cases in which disclosure is not an offence, including where the information does not enable the person to be identified, the person has agreed to the disclosure, the disclosure is in accordance with an order of a court or tribunal, or the disclosure is for the purpose of preventing or investigating crime. Section 22(8) makes a person guilty of an offence under section 22 liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Section 22 came into force on , because the Gender Recognition Act 2004 (Commencement) Order 2005 brought into force on that date every provision not already in force, and the only provisions already in force were sections 23 to 26, 28 and 29.
When LexLint raises it
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