Gender identity and the right to rectification of personal data (VP v Országos Idegenrendészeti Főigazgatóság)
EU Law analysis: The Court of Justice has held that personal data relating to gender identity on the public registers of a Member State must be subject to the right to rectification under Article 16 of the General Data Protection Regulation, Regulation 2016/679 (EU GDPR). Rectification may require production of relevant and sufficient evidence reasonably required to establish the inaccuracy, which may include medical certificates. However, a Member State may not make the exercise of the right of rectification conditional on evidence of gender reassignment surgery. Further, any restrictions on Article 16 rights in this regard must also comply with Article 23 of the EU GDPR and must be established by legislative measures and not by administrative practice. Importantly, the Court of Justice looked at data accuracy within the broader context of fundamental rights, especially the rights to personal integrity and privacy. In doing so, it expanded protections for transgender people by referring to gender identity, rather than relying on the traditional focus on gender reassignment. Written by Gaelyn Fuhrmann, Legal Director at Wiggin LLP.