Concerns rise among LGBTQ+ organizations over proposed gender categorization regulations
The Federal Ministry of the Interior's plan to collect additional data on individuals who change their gender entry and first name in the civil registry has sparked a heated debate, with concerns about privacy, discrimination, and compliance with laws like the Self-Determination Act.
At the heart of the controversy is Alfonso Pantisano, the queer commissioner of the Berlin Senate, who has criticised the project, referring to it as an "attack on our freedom." Pantisano also implies that the project could lead to state persecution.
The Self-Determination Act, effective since 2022, allows individuals to change their legal gender and first name through a simplified, administrative process based on self-determination. This Act emphasises respect for individuals’ privacy, dignity, and autonomy over their gender identity.
The Ministry's plan involves requiring individuals to fill out three new data sheets about their previous gender entry. A separate data sheet with the previous gender entry is part of the ministry's plan. The Ministry argues that this is necessary to update the data already stored for the person.
The authorities receiving the data, including the pension insurance and the Federal Central Tax Office, will be able to enforce the disclosure ban, which prevents the gender entry and previous first name from being disclosed or searched without consent, with exceptions for law enforcement or security authorities.
However, the German Society for Trans and Inter Identity (dgti) views this as a massive invasion of privacy and a contradiction to the Self-Determination Act. The Queer Diversity Association shares a similar opinion, stating that the collection, transmission, and disclosure of sensitive information about previous gender entries and first names should only be allowed under strict conditions.
Pantisano suggests that the project turns self-determination into a risk index and state care into state mistrust. The Queer Diversity Association finds this paradoxical, as they believe the disclosure ban is being ensured through an expansion of information storage and transmission.
The dgti is concerned about the increasing numbers of hate crimes and believes it is urgent to protect and not expose gender and sexual identity in the Basic Law through additional markings. The reason for this project is the coming into force of the Self-Determination Act on November 1, 2021, which makes it easier to change gender entry and first name at the registry office.
The rationale for the data collection is likely to support improved equality metrics and policy-making (e.g., Gender Equality Index revision) and to monitor discrimination patterns. This aligns with the Self-Determination Act only if the data collection respects personal autonomy, privacy, and data protection requirements. The collection should be transparent, voluntary where possible, and carefully controlled to avoid undermining the Act’s intent to simplify and respect gender self-identification without unnecessary bureaucratic hurdles.
Despite the concerns, the Ministry of the Interior defends the necessity of the project, stating that it ensures the traceability of individuals who have changed their gender entry and first name. However, no direct official statement from the Ministry explicitly justifies this data collection vis-à-vis the Self-Determination Act in the sources, indicating that the balance between data collection for policy purposes and the rights under the Act is a sensitive and evolving issue in German administrative practice.
Science can play a crucial role in addressing mental-health issues that may arise from this controversy, particularly for individuals impacted by gender identity changes. For instance, research could focus on understanding the psychological effects of heightened privacy concerns, potential discrimination, and perceived state mistrust for trans and intersex individuals.
In the context of health-and-wellness, mental-health professionals could offer support services and resources to help individuals cope with these challenges, thereby promoting overall wellbeing and advocating for their rights under the Self-Determination Act.
