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ARTICLE · 19 FEBRUARY 2024

Gender Identity Data In The Workplace

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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Safeguarding all personal data not only upholds data subjects' rights but also cements trust and good employee relations.

United KingdomEmployment and HR

Safeguarding all personal data not only upholds data subjects' rights but also cements trust and good employee relations. Special category data must be treated with more protection because it is sensitive, but information about gender does not automatically fall into this category and in many cases will fall into a data-lacuna. A recent case reminds us that employers nonetheless need to take great care with gender identity data.

Under the GDPR, special category personal data is a category of data to which more stringent processing conditions apply. This includes data revealing ethnic origin, religious or philosophical beliefs, trade union membership and political opinions, generic and biometric data and data concerning health, sex life, and sexuality. These types of data are singled out because their (mis)use could create risks to an individual's fundamental rights and freedoms.

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