Gender Recognition Act in force from 4 April 2005
Now that the Act is in force consumers will be able to apply for a Gender Recognition Certificate. Financial Services organisations may be approached by consumers for advice on amending their records to show their new names. It is important that such consumers are advised to contact a credit reference agency as soon as possible in order that they may be guided through the process of getting their records changed. It is only necessary to contact one of the 3 agencies as they will all work together on these cases.
Clients may also be approached by the agencies and asked to make amendments to consumer files. The agency will have already obtained the authority and consent of the consumer in a form acceptable to the Information Commissioner and to the Department for Constitutional Affairs.
All staff should be reminded that passing on information about a trans person without their consent could be an offence under the Data Protection Act and (when they have a Gender Recognition Certificate) the Gender Recognition Act. Some consumers will have a protective Notice of Correction to this effect added to their files and this information will be returned when consumer searches are carried out.
Experian's Gender Recognition web pages for consumers
Experian has been working together with the other 2 credit reference agencies, the Trans community and the Department of Consumer Affairs to put together a process to assist members of the Trans community that are seeking a Gender Recognition Certificate.
From 4 April 2005 people that having been living in their acquired gender for more than 6 years may apply for a legal change of gender under the Gender Recognition Act. After this they will be able to obtain a new birth certificate. After July 2005 those that have been living in their acquired gender for more than 2 years may apply too.
Experian has agreed a process for all trans people to manage their data ahead of application for a GRC. This process has been agreed with the trans advisors to government and the Department of Constitutional Affairs. A website has been set up and consumers are strongly advised to obtain a guidance pack and commence the process as soon as possible. Visit the Experian Gender Recognition webpage.
Organisations with any trans customers seeking advice, should inform them of the website and may be contacted by one of the credit reference agencies when consumer files are amended as part of the arrangements.
Agreement reached on public data issue
Agreement has now been reached on the handling of public data records the name records on which cannot be amended. A Statutory Instrument was published for consultation and will be implemented before the Act becomes operative in April 2005 (visit the Statutory Instrument webpage). That provides for credit reference agencies to continue to provide information in these cases only.
More information on the issue of Gender Recognition can be found on the DCA website and on the Gender Recognition Panel website.
All organisations will need to be sure to make provision for information in their own records relating to previous name (and therefore gender) to be protected and only released in accordance with the Gender Recognition Act 2004 and the Data protection Act 1998 where it falls within the definition of Sensitive Personal Data.
Disclaimer: The information contained on this webpage is provided for general guidance only. It is not intended to provide you with professional advice nor is it intended to substitute you obtaining professional advice.
