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Does the General Data Protection Regulation (GDPR) cover gender reassignment? If a customer/client undergoes a gender change (both medical and non-medical), and requests to have all records (financial records, previous employment records, public government records) updated to reflect new gender, is it within the GDPR's purview to require the update of these records?

  • From comments: Difference when between EU and non-EU states. i.e. North American and especially South American states with business practices within the EU. I was under impression GDPR reaches into any company with significant business within the EU. – paulj Apr 18 '18 at 16:40
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    An important question is if the change is only in force from the date where the new gender was changed/documented or if it's backdated to birth. Of course there will be quite a purposes for which changing retroactively is problematic or impossible. – CodesInChaos Apr 18 '18 at 17:28
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    This apepears to be a "what is the law" type question. You may find more experts on legal stack exchange than here. – James K Apr 19 '18 at 7:23
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Yes, this would be covered by article 16: right to rectification:

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

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    I don't think this is as clear-cut as it seems - if the government doesn't recognize gender changes, or doesn't recognize them until after reassignment surgery, it could claim that the personal data is not inaccurate. I'd guess that a private entity could not make the same claim if the person is able to update their government identification, though. – IllusiveBrian Apr 18 '18 at 14:31
  • @IllusiveBrian Is there any country in the EU that doesn't recognize gender changes? – yannis Apr 18 '18 at 14:33
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    @yannis: The UK Home Office apparently had some problems with it, but their high court chimed in against them today. – Denis de Bernardy Apr 18 '18 at 14:36
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    @yannis I don't know, I'm just pointing out that it doesn't preclude that argument from a national government. I wouldn't be hugely surprised if we saw a law like that from Poland. – IllusiveBrian Apr 18 '18 at 14:59
  • @illusiveBrian,Would you agree that the Visegrad group will take the same view? – Aethelbald Apr 18 '18 at 20:22

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