Information on Gender Identity as Personal Data under EU and US Data Protection Models

Abstract

One of the most important legal issues concerning gender identity is ensuring that no one is discriminated against in any type of environment and that individuals’ needs are considered seriously during the legislation process. Even though this can be questioned, if one needs to process information on gender to achieve an inclusive and diverse society and law, it seems that at this point in the history of society, there are no better measures to ensure a non-discriminatory environment than processing information on gender identity. Under the current personal data protection landscape, both in the European Union and the United States, it is not clear what the conditions are for processing information on the gender of individuals. Therefore, the authors of this article analyse legal requirements from both jurisdictions, also in the light of the question of the adequacy of personal data protection in the US under article 45 of the General Data Protection Regulation.