On March 13, 2025, the Court of Justice of the European Union (CJEU) delivered a landmark ruling in a case that significantly advances the rights of transgender individuals across the EU. At the heart of the case was the question of whether a public authority can require proof of gender reassignment surgery before rectifying gender markers in public records — and the Court’s answer was a resounding no.
This decision not only clarifies the scope of the General Data Protection Regulation (GDPR) but also reaffirms the inviolability of individual dignity and bodily autonomy under EU law.
Background of the Case
The individual, an Iranian national and transgender man, was granted refugee status in Hungary based on his gender identity. Despite medical documentation affirming his male identity, Hungarian authorities registered him as female in the national asylum register.
In 2022, the individual invoked Article 16 of the GDPR, which grants individuals the right to rectify inaccurate personal data, to request that the register reflect his correct gender and forename. However, his request was rejected for failing to prove that he had undergone gender reassignment surgery.
Legal questions referred to the CJEU
The Budapest High Court sought guidance on two key questions:
- Does the GDPR require rectification of gender identity data when it is factually inaccurate?
- Can a Member State make such rectification conditional upon surgical transition?
Key Findings of the Court
1. Accuracy principle applies to gender identity data
The Court affirmed that Article 16 GDPR, interpreted alongside Article 5(1)(d) (accuracy) and recital 59, mandates that public records reflect the true, lived gender identity of individuals — not merely their sex assigned at birth.
Inaccurate data must be corrected “without undue delay”, especially when its inaccuracy stems from the time of inclusion in a register.
2. Surgical requirements are unlawful
The Court explicitly held that requiring proof of gender reassignment surgery is incompatible with the GDPR. Such a requirement:
- Violates the right to privacy and bodily integrity (Articles 3 and 7 of the EU Charter of Fundamental Rights);
- It is not a legitimate or proportionate measure under Article 23 GDPR, which sets out conditions for restricting rights in the public interest; and
- Contradicts rulings from the European Court of Human Rights, which previously stated that surgical requirements for legal gender recognition violate human rights (e.g., X and Y v. Romania).
- Medical and psychological evidence suffices
While some form of relevant and sufficient evidence may be reasonably required to verify gender identity, such evidence need not include surgical proof. A psychiatric or medical certificate affirming gender identity is adequate.
Broader implications
This ruling is a milestone for transgender rights in the European Union. Its impacts are likely to be felt in:
- National asylum and civil registration systems, especially in Member States lacking clear procedures for gender recognition;
- Data protection frameworks, reinforcing the GDPR as a tool for human rights enforcement; and
- Public debates and legal reforms across Europe, where transgender individuals still face bureaucratic hurdles and medicalized gatekeeping.
The judgment also underscores the primacy of EU law over restrictive national practices, particularly where fundamental rights are at stake. Whilst the UK is no longer part of the EU, the legal data protection framework in place in the UK emanates from the EU directive on data protection, and accordingly, it is highly likely that judgments on this issue in the Courts of England and Wales will be coloured by judgment in this case.
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Kevin Modiri is a Partner in our expert Dispute Resolution team, specialising in civil disputes, insolvency, inheritance disputes, data breach claims and defamation claims.
If you have any questions concerning the subjects discussed in this article, please do not hesitate to contact Kevin or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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