29.70R (C) v Secretary of State for Work and Pensions [2016] EWCA Civ 47
It was lawful for the Secretary of State for Work and Pensions to retain records that showed that a person had changed their gender, where there was good reason for so doing and every effort had been made to minimise the distress caused
Facts: C, a transgender person, was distressed by the fact that Department for Work and Pensions records showed that her gender had changed from male to female, including to the front desk officials that she had to meet on a regular basis.
Judgment: the Court of Appeal (Elias, Patten and Black LJJ) held that Article 8 ECHR was engaged but that the interference with C’s personal autonomy was proportionate and justified by the need properly to calculate pension entitlements and to combat fraud, given that the Secretary of State for Work and Pensions had taken numerous steps to modify the system so as to meet the concerns of transgender persons.