Following the closure of the Gender Recognition Act consultation, many people have voiced their opinions regarding the need to reform the act, due to a variety of problematic issues.

The Employment Lawyers Association (ELA) have discussed the negative implications of the Gender Recognition 2004 act and have called for a repeal of section 22 of the act, which they believe inadvertently criminalises innocent members of staff, especially HR employees who assist trans job seekers.

Section 22 of the Gender Recognition Act 2004 states:

The General Data Protection Regulation (GDPR) was enforced on the 25^th May 2018, which applied major changes to the way data is protected, enabling employers to reconsider their employment and HR procedures, and amend them in order to comply with GDPR requirements.

 Employers should maintain focus on the following factors:

On some occasions, an EU subject may require a Subject Access Request (SAR) which involves a transaction outside of the EU. Therefore, data processors must be aware that a data controller outside of the EU will not necessarily give up any or many obligations to the General Data Protection Regulation (GDPR).

So, the question is whether data processors need to address the Subject Access Request without the controller or not?

Personal data is defined within Article 4 of the General Data Protection Regulation (GDPR) and means solitary or group data that can be used to identify an individual. The following are examples of personal data:

• Name
• Home address
• Driver’s license