Automated decision-making systems use sex and gender data in complex algorithmic systems that purport to predict population level outcomes. This poses a data dilemma, particular for transgender, nonbinary, and gender-nonconforming individuals. On the one hand, more and better collection, sharing, and use of data about marginalised populations can highlight discrimination, improve access to health care, and respect the dignity of all persons. On the other hand, legibility comes with risks, and there is virtue in the state and data-extractive companies knowing less about people stigmatised in society. This panel will address the law and policy implications of gender and sexual orientation data collection, sharing, and use in US, European, and global jurisdictions, considering in particular how law can, if at all, navigate this data dilemma.
• Should the state be in the business of collecting, sharing, and using gender data at all?
• What standard, if any, should govern the collection, sharing, and use of gender data?
• Should the same rules apply to private companies and governments?
• What strategies, perhaps outside the law, are necessary for building an equitable system of sexual orientation and gender data collection?