New Clause 21: Data (Use and Access) Bill [Lords]
New Clause 21 - Directions to public authorities on recording of sex data
“(1) The Secretary of State must, within three months of the passage of this Act, issue regulations relating to the code of practice set out in section 49 of this Act which require public authorities to—
(a) collect, process and retain sex data only where it is lawful to do so in accordance with data protection legislation;
(b) request and record sex data accurately, in every circumstance where sex data is collected, in accordance with following category terms and definitions—
(i) ‘Sex’ meaning male or female only based on ‘sex at birth’, ‘natal sex’ or ‘biological sex’ (these terms carrying the same meaning and capable of being used interchangeably); and,
(ii) in addition, where it is lawful to do so in accordance with data protection legislation and the Gender Recognition Act 2004, ‘Acquired Gender’ meaning male or female only, as recorded on a gender recognition certificate issued in accordance with the Gender Recognition Act 2004;
(c) have updated relevant organisation guidance to stipulate that, where sex data is collected, this must be done in accordance with the definitions set out by subsection (1)(b) within three months of these regulations coming into force;
(d) have conducted a review of the accuracy of data held in relation to the sex of data subjects to ensure that the data is accurate in recording sex at birth and, where relevant and collected lawfully, acquired gender as recorded on a gender recognition certificate within 12 months of these regulations coming into force;
(e) have taken every reasonable step to ensure that any data held in relation to the sex and, where relevant and collected lawfully, acquired gender as recorded on a gender recognition certificate of a data subject that is found to be inaccurate is rectified or erased within 18 months of these regulations coming into force; and
(f) have produced and submitted to the Secretary of State a report setting out the findings of its review in relation to the matters set out by subsection (1)(d) and, where relevant, a description of the steps taken   to ensure that the data held by the relevant public authority is accurate within the definitions set out subsection (1)(b) with 18 months of these regulations coming into force.
(2) The Secretary of State may, on receipt of a report in accordance with subsection (1)(f) instruct a public authority to take any further remedial steps within a specified timeframe reasonably necessary to ensure the accuracy of the sex and acquired gender data held by the relevant public authority.
(3) The Secretary of State must, within one month of the passage of this Act, establish and maintain a register of public authorities approved to act as sources of data relating to the attribute of sex for persons providing digital verification services.
(4) The register in subsection (3) must be published on the website of the Office for Digital Identities & Attributes or any successor body.
(5) Until such time as a public authority is added to the register under subsection (3), persons providing digital verification services may only obtain data on the sex of an individual requesting the provision of digital verification services from the record of births held by the General Register Office in accordance with subsection (6).
(6) Information supplied by the General Register Office pursuant to subsection (5) must specify sex as recorded at birth, as well as any subsequent corrections to the register in the field marked ‘Sex’.
(7) The Secretary of State may, from time to time, add public authorities to the register as under subsection (3) only upon being satisfied on the basis of a report issued under subsection (1)(f), or satisfaction of such further steps required by the Secretary of State under subsection (2) that the data held by the relevant public authority in relation to sex and, where relevant, acquired gender as recorded on a gender recognition certificate, as defined in subsection (1)(b), is accurate.”—(Dr Spencer.)