R (on the application of C) (Appellant) v Secretary of State for Work and Pensions (Respondent)

Описание: [2017] UKSC 72

UKSC 2016/0062
R (on the application of C) (Appellant) v Secretary of State for Work and Pensions (Respondent)
On appeal from the Court of Appeal Civil Division (England and Wales)

The Court orders that no one shall publish or reveal the names/former names or addresses/former addresses of the Appellant or her lay witnesses or those of the Intervener (excluding James Morton) who are involved in these proceedings or publish or reveal any information which would be likely to lead to the identification of them in connection with these proceedings.

The issue in this case is whether the respondent's policies in respect of the retention and processing of historic gender data are compatible with the appellant’s rights under arts.3, 8 and 14 European Convention on Human Rights and ss.13, 19 and 26 of the Equality Act 2010.

The Department for Work and Pensions (DWP) retains details of the identity (including former gender information and name if such exists) of all of its customers for the purposes of fraud prevention and pension calculation. Further, the DWP operates a policy of enhanced security in respect of certain customer records, including transgender customers where disclosure of their records could be likely to result in, for example, substantial distress and/or physical harm. The appellant is a transgender woman who transitioned from male to female in 2003. She obtained a Gender Recognition Certificate in March 2006, and this was notified to the DWP. She is in receipt of Jobseeker’s Allowance and attends fortnightly appointments at her local job centre. It is the appellant’s position that her transgender status has become known to Job Centre staff and other customers and this has caused the appellant distress and humiliation. It has also on occasion resulted in delays in the payment of her Jobseeker's Allowance.

The Supreme Court unanimously dismisses the appeal. The Retention and Special Customer Records policies are not inconsistent with or prohibited by any provision of the Gender Recognition Act 2004. The Retention policy is a proportionate means of achieving its legitimate aims.