The highest EU court has failed this Thursday that Hungary must register the “lived identity” of transgender people, citing the data protection rules of the block, which represents the first victory for the LGBTI community from a legal change in 2020.
«The court observes that, under the GDPR (data protection rules), the interested person has the Right to obtain rectification of inaccurate personal data, ”said the Court of Justice of the European Union (TJUE).
Hungary, governed since 2010 by the nationalist prime minister Viktor Orbán, prohibited in 2020 the official registration of sex change and the Legal recognition of transgender people’s identities.
In 2022, an Iranian transgender person With refugee status in Hungary, he requested that the official registration be modified in which he appeared as a woman, sex that was assigned to birth.
He had obtained refugee status eight years before justifying his transgender identity based on medical certificates.
However, The authorities rejected their request to modify the registrationarguing that he had not proven to have gone through a sex reassignment surgery. The Iranian then presented his case before the Superior Court of Budapest, which consulted the EU court.
The TJUE is governed by European Law
The TJUE has assured that, under European law, All people have the right to rectify their data. “If the purpose of collecting this data was to identify their subject, that data would seem to refer to the person’s lived gender identity, and not to the identity assigned to birth,” said the court.
«In that context, the Court clarifies that a Member State cannot be covered in absencein its national legislation, of a procedure for the legal recognition of transgender identity to limit the exercise of the right to rectification, ”he added.
It now corresponds to the National Court in Hungary to fail about the Iranian case according to the decision.
The Orbán government has approved a series of laws that have been criticized by activists in Hungary and the EU for restricting LGBTI rights.
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