EU Court Affirms Right to Correct Gender Registration without Proof of Surgery

On 13 March 2025, the European Court of Justice (ECJ) ruled in case C-247/23 (Deldits) that individuals who are transgender have the right to have their gender marker corrected in official records without the need to prove they have undergone gender-affirming surgery. The court clarified that such a requirement would violate fundamental rights enshrined in the EU Charter of Fundamental Rights and the European Convention on Human Rights.

The ruling involved a refugee recognized in Hungary, who had provided medical certificates confirming their male gender identity. However, despite these certificates, the Hungarian immigration database retained a female gender entry. The ECJ held that the GDPR’s right to correction (Article 16) obliges public authorities to amend such data upon request when incorrect—regardless of any surgical history. A medical certificate confirming the current gender identity suffices.

This decision represents a major advancement for transgender rights—and data protection— within the EU. By striking down invasive medical prerequisites, the ECJ reaffirmed the principle of self-determination, ensuring that the processing of sensitive personal data, including gender identity, remains respectful of individual privacy and dignity.

From a practical standpoint for both public agencies and private organizations, the ruling signals the end of outdated bureaucratic hurdles. Institutions handling identity or sensitive personal data must now accept non-invasive evidence, such as a qualified medical attestation, when individuals request data rectification. This aligns with the GDPR’s ethos of accuracy and fairness and removes burdensome requirements that previously amounted to discrimination.