Gender Recognition (Disclosure of Information) Order 2026
Summary
The UK Secretary of State has issued the Gender Recognition (Disclosure of Information) (England) Order 2026, effective March 20, 2026. This order permits authorized disclosure of protected information for a specific data linkage study related to gender identity services and revokes a previous order from 2022.
What changed
The Gender Recognition (Disclosure of Information) (England) Order 2026, effective March 20, 2026, allows authorized disclosure of protected information between authorized persons for a data linkage study. This study links and analyzes data from the Gender Identity Development Service (GIDS), adult gender clinics, and other healthcare data for individuals referred to GIDS before age 18. The order revokes the 2022 Order but saves its effect for prior disclosures.
This new order permits specific data sharing for the purpose of a data linkage study, which is a substantive change in how protected information can be handled under the Gender Recognition Act 2004. Healthcare providers listed in the schedule, and their employees or authorized agents, are the primary entities affected. The order is in effect until March 20, 2029. Compliance involves ensuring that any disclosure of protected information for this study adheres strictly to the conditions outlined in the order, including the status of the disclosing and receiving parties as 'authorised persons' and the specific purpose of the data linkage study.
What to do next
- Review the list of authorized persons and entities permitted to disclose protected information under the new order.
- Ensure any disclosure of protected information for the specified data linkage study strictly adheres to the conditions outlined in the order.
- Note the expiry date of this order, March 20, 2029.
Penalties
It is an offence under section 22(1) of the Gender Recognition Act 2004 to disclose protected information, with exceptions provided by this order.
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