University user IDs and individuals affirming their gender (TAS 463/2021, issued on 20 January 2022 and TAS 306/2020, issued on 3 September 2020)
The Ombudsman for Equality was requested to comment on equality of university IT systems when it comes to individuals changing their name as a part of gender affirmation. The person contacting the Ombudsman said that Haka user IDs used by universities are created using the initials of the former names of individuals who have transitioned. The user ID does not include the former name in full, only a number of initial letters, but the impact on the well-being of transgender students and employees is significant.
The teacher of each course sees that the student has a user ID that does not correspond to their name. In such case, the reason for the name change is speculated on without the student's consent. This may lead to avoiding studies, increased anxiety and eventually termination of studies. User IDs are also visible to all participants during online meetings attended by employees.
According to the person who contacted the Ombudsman, it would be important for universities to establish shared practices for correcting initials in user IDs when the name of a student or an employee changes in connection with gender affirmation. Universities currently process these situations on a case-by-case basis. Practices for changing the user ID to correspond to the new name differ from university to university and may also vary within the same university. In practice, transgender people cannot change their user IDs to correspond to their new names, or the process is very difficult. Transgender people and IT personnel making changes to user IDs must deal with the same situation over and over again.
The Ombudsman for Equality noted that the Act on the Population Information System and Certificate Services of the Digital and Population Data Services Agency (661/2009) provides for restrictions on disclosure of information on gender confirmation of a transgender person and information on their former personal identity code and any former first name.
The Equality Act prohibits discrimination based on gender identity and gender expression. These prohibitions protect particularly gender minorities, such as transgender people, from discrimination. The Equality Act also sets an obligation for authorities, education providers and employers to take pre-emptive action against discrimination based on gender identity or gender expression. This obligation must be taken into consideration in the equality plans of educational institutions.
The Ombudsman for Equality noted that information concerning a person's transgender identity and gender confirmation is within the scope of protection of privacy. Revealing of a person's transgender identity may subject them to discrimination. Privacy protection and discrimination prevention issues related to user IDs containing initials of a former name are not as significant as they would be if the entire former name or personal identity code was revealed. However, even an inconsistency with the initials of a person's new name causes concern over the person's transgender identity being revealed without their consent. References to a former name burden the well-being of students and employees who have changed their name as a part of gender affirmation.
The Ombudsman for Equality recommended that IT systems and their development should take into consideration transgender persons' need for privacy protection, and the perspective of prevention of discrimination. These could be implemented through means such as allowing for easy changing of initials included in the user ID upon request or excluding initials from user IDs altogether.
20.01.2022
