Abstract

The privacy of the health data for LGBTQ+ individuals in India is a very serious concern, showing systematic gaps in the healthcare industry and societal biases. The manner in which data is collected today is strict and non-inclusive, which creates negative consequences in terms of misidentification and treatment deficiencies for LGBTQ+ patients. Although technologically efficient, digitization of health information results in increased risk of privacy breaches and unauthorised access, compounded by inadequate legal protections. The current Indian legal system of the Right to Privacy, IT Act, 2000, The Digital Personal Data Protection Act, 2023 gives only partial protection without any reference to health data of LGBTQ+ community. Transgender Persons (Protection of Rights) Act, 2019 specially addresses non-discrimination in healthcare (including insurance) for transgender, but does not apply to broader LGBTQ+ health with regard to data privacy. Challenges are associated with society estimated stigma attitudes with subsequent low help-seeking behaviour, legal gaps, errors during data collection, risks of digitalisation and lack of knowledge and training for healthcare professionals. Tackling these problems will require broad responses like enactment of new legislation that clearly defines and protects sensitive LGBTQ+ health data; adoption of sensitive data-collection methods; and beefing up data security with strong encryption and tight access controls.

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