Letter to Bridget Phillipson MP concerning EHRC guidance

The Lesbian Project have written to Bridget Phillipson, the Minister for Women and Equalities, concerning the statutory guidance produced by the Equality and Human Rights Commission laid before parliament on 21st May.

  1. We welcome the fact that the Code of Practice explicitly recognises the right for lesbians to organise on the basis of sex in law.

  2. However, we are concerned about a new section entitled Asking about sex.

  3. We believe that the EHRC lawyers have gone beyond the guidance of the Information Commissioner’s Office (who oversee GDPR law) in ruling that sex is one of a (very limited) number of protected ‘special’ data categories, rather than it might be under limited circumstances.

  4. If sex is special category data under GDPR, small organisations face additional complexity in the collection and storing of information, therefore acting as a deterrent to collecting it in the first place. It is thus likely to reduce women's access to single sex services and associations. 

  5. The Lesbian Project advocates for withdrawing this section entirely, and separately addressing the GDPR.

You can read our full submission here

If you would like to support The Lesbian Project, you can do so here.

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Response to the EHRC Code of practice for services, public functions and associations