Court of Appeal
Regina (C) v Secretary of State for Work and Pensions
[2016] EWCA Civ 47
2015 Dec 1, 2;
2016 Feb 9
Elias, Patten, Black LJJ
Human rightsRespect for private lifeInterference withDepartment for Work and Pensions client computer databaseTransgender claimant’s computer records containing gender history informationClaimant suffering distress dealing face to face with officials having access to gender history informationDepartment’s policies on retention of such information having legitimate objectives of fraud reduction and pension calculationWhether interference with claimant’s right to private life proportionateWhether policies indirectly discriminating unlawfully against transgender persons Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14 Gender Recognition Act 2004 (c 7), s 9 Equality Act 2010 (c 15), s 19

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