M

Member

Speaking in the House of Lords on 3 June 2026

Debate

Equality Act 2010: Code of Practice

Contribution

I am aware that some have also raised concerns over the code’s content regarding special category personal data. The code states that where an individual is asked to confirm their sex, that should be done sensitively and with respect for their privacy. The draft code explains that information about sex is likely to constitute special category personal data, where, for example, asking about sex may lead to the disclosure of someone’s medical history or the fact that they have a gender recognition certificate. The code advises providers to handle such conversations appropriately. We will work with the EHRC to ensure that service providers understand what is required of them when handling data.

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