UK: Asking to see GRC is breaking the law?

[Padma]

I've been told that since the Gender Recognition Act, it's actually illegal for someone to request to see your Gender Recognition Certificate, and can result in a hefty fine.

Can somebody point me to where in the act this is laid out? (Sorry, my concentration is rubbish at the moment and I can't find it myself). I'm not sure if it's actually true or not - it seems to me the law relates to not disclosing your information to a third party.

The reason why I'm asking is that my bank is under the impression (or their Customer Services computer is under the impression) that in order for me to change my gender flag and title on my account, they have to see my GRC and updated birth certificate - whereas all they actually need from me is a letter from my gender clinic stating that I'm transitioning.

I phoned to check, and was told over the phone that they needed the GRC, and they weren't open to being challenged on that, simply saying "That's what it tells me here." I then went into my nearest branch, and a very nice fella quite happily processed it just using a letter from the gender clinic.

So I want to write to the bank and get them to update their Customer Service data, because it's frustrating, misleading... and if in fact illegal, I think they should know this.

[Nemo]

I couldn't find anything about asking to see it, but it *is* an offence for authorities to "disclose protected information", which isn't really the same thing.

Regarding your bank: All they need is a deed poll - they shouldn't even need a GIC letter They do need to update their policies, sounds like they also need to be told about the disclosure rules 'cause if they're ignorant enough to ask for a GRC (the only time you actually need to use that is to change your birth certificate), they may be ignorant enough to breach that part. Or maybe I'm just cynical

[Padma]

They've already seen my deed of name change (I did that last year) .

I'm writing them a long letter explaining what a GRC is, and is not, for, and why it is inappropriate for them to request to see one, and how requiring a GRC before they will update gender on someone's account is actually preventing that person from getting a GRC in the first place, since one of the criteria for getting a GRC is stuff like having changed the gender on your bank statements .

Not all of them are ignorant. The chap in the Exeter branch this afternoon knew his stuff - perhaps because the town homes the local gender clinic .

[Nemo]

Hold on - if you've already given them a deed poll, which I should think has your new title on it, wouldn't that have been changed already? Or did they have you down as Mr [new name]?

Good to know you've some co-operative sorts down there  - although I was talking about the people who wrote the Customer Services thing in the first place, who aren't necessarily in your branch

Still not convinced it's illegal though. Unnecessary and inappropriate yes, but not sure about illegal - unless we're both missing something.

[Padma]

My Deed of Name Change doesn't have a title on it, just a name.

I don't think it's illegal either. Anyone else wanting to change their title (because of marriage, divorce, qualifications) has to show evidence - the bank is just asking for the wrong evidence, as a GRC is explicitly not 'proof of gender'.

[Sephirah]

From: http://www.equalityhumanrights.com/advice-and-guidance/your-rights/transgender/trans-people-your-right-to-change-your-name/

Gender Recognition Certificates

Some organisations may mistakenly believe that they are not supposed to change their records to show your new name and appropriate title (Mr, Miss, etc..) until you have obtained a Gender Recognition Certificate. This is incorrect and in most cases would constitute discrimination.

Furthermore, nobody is entitled to see or record the details of a Gender Recognition Certificate if you have one. If someone requires proof of your legal gender then you could show them your birth certificate.

The Gender Recognition Certificate (GRC) exists only for the Gender Recognition Panel to instruct the Registrar of Births to make a new entry in their register, from which a birth certificate can be drawn. The document states clearly that it has no other purpose. Recording sight of a GRC would automatically lead to a breach of Section 22 of the Gender Recognition Act, since sight of the record by any other person would constitute an unlawful disclosure of protected information. Officials should therefore be gently advised against making up rules involving GRCs.

Here's the specific legislation on prohibition on disclosure of information:

http://www.legislation.gov.uk/ukpga/2004/7/section/22