Hi @cabinetofficeuk @EHRC @publicapptscomm @GEOgovuk @trussliz @GEOgovuk @CollegeofPolice

The Diversity monitoring form for the position of Chair of the College of Policing asks, "What is your gender?"

cc @WeAreFairCop

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...and includes the options, 'Male', 'Female' and 'I prefer to self-identify as:'.

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You go on to say that you collect and process this information to help you meet your Public Sector Equality Duty under s.149 of the Equality Act 2010 (not 2012 as you erroneously state).

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You list 'gender' in what appears to be a list of the protected characteristics under the Act.

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

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Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology - 'self-identify' is not a valid option.

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Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal data without a lawful basis.

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Language and meaning of words are important and proper use & understanding of terms is vital so that the public is aware of what rights they have and what your duties are. Any confusion or inconsistency over meaning may prevent people from accessing their rights in law.

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Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

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Can you also explain how you will meet your PSED given these errors and your use of incorrect terms and how you know whether you have met it in the past given your data could have been corrupted by those who didn't provide their sex?

Please respond.

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@threadreaderapp unroll