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Gender information not conforming to the law in Germany

Status
Open
Subject
Gender information not conforming to the law in Germany
Version
18.x
Category
  • Legislative Compliance
Feature
User Preferences
Resolution status
Needs discussion
Submitted by
hman
Lastmod by
hman
Rating
(0)
Description

TikiWiki stores personal data about it's users. Besides (!) the GDPR issues, there ia a VERY vulnerable situation for Tiki site admins:

The user preferences only know these three settings:
Male
Female
Hidden

According to a ruling of Germany's supreme court from last year, that constitutes discrimination, and entitles every user to sue the administrator (and win).

The German supreme court has ruled, that the law that defines the standards of record keeping by the government collides with the German constitution and therefore MUST be changed, so that every German citizen may be either
Male
Female
Diverse

Diverse is a bracket that includes all of the LGBT etc. in one label. This means that if any German citizen so chooses, he or she will be issued a new ID card or passport, where D will be written under gender.

If someone operating an IT system that forces users to enter either M or F, and does not have a selection D, this constitutes discrimination, and entitles the discriminated person to sue. And winning the suit would be a piece of cake.

Now the question arises "is this relevant"? People can choose "hide". Yes. Well, if a citizen opts to change his or her official record (they have to officially file a request to do so) in the German administration and request to get new ID card or passport, how likely will it be that such a person does not care if an IT system forces him or her to be labelled M or F? Highly unlikely, I think.

So to protect TikiWiki admins, you should as soon as possible introduce Diverse as third gender. And in the long run, because other countries supreme courts might not choose "diverse" as a bracket and include the full LGBT etc. list, gender should become a configurable and expandable entity. The number of legally correct gender entries may vary from country to country, so do not stick to 2 or 3...

Thanks
Hman
And just before anyone asks this: It's not about me. I do not need a D in the database, but I want my users to make such a choice for themselves (and be protected if anyone might want to make a case on this).

P.S: I believe there is no need to demo this, it's plain to see that TikiWiki only knows M, F and hidden.

Importance
8
Easy to solve?
5
Priority
40
Demonstrate Bug on Tiki 19+
Demonstrate Bug (older Tiki versions)
Ticket ID
7243
Created
Sunday 19 January, 2020 15:07:08 UTC
by hman
LastModif
Monday 24 February, 2020 09:25:32 UTC


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