Non-binary category at marathons ‘breaks law’

THE London Marathon broke the law by asking entrants to state whether they are non-binary, campaigners have claimed.

The Information Commissioner is facing calls to act by advocates for fairness in women’s sport after they accused UK Athletics of failing to enforce its own guidance.

Mara Yamauchi, Britain’s third fastest female marathon runner, is at the forefront of efforts to highlight the “unfairness” of allowing non-binary categories, which she says effectively offer a second competition opportunity to “men”.

It follows last month’s London marathon, which included a non-binary category for the first time, as well as a row after a female runner lost her Parkrun record to a transgender woman.

In March, World Athletics banned trans female athletes who had been through male puberty from participating in female elite level competitions.

However, increasing numbers of high-profile mass participation events are laying on non-binary categories, in addition to the traditional male and female competitions.

In February, following complaints from female runners, UK Athletics issued a warning to race organisers about the practice of offering entrants the chance of designating a genderidentity

‘Now there is a new way to allow male athletes an unfair advantage: the non-binary category’

category of non-binary, saying the Information Commissioner’s Office (ICO) had ruled that it could breach data protection rules.

The guidance said: “This is because the question confuses a gender-identity category with sex categories.

“It means that the question cannot be answered accurately. Data protection principles require you to ensure that data is accurate.”

UK Athletics, which also goes under the name British Athletics, went on to say that races should not “normally need to record gender identity data”.

However, the governing body was last night silent on whether it believed events like the London Marathon or the Edinburgh equivalent, which also offers a non-binary category, were acting within the law.

Ms Yamauchi, who came sixth in the marathon at the Beijing Olympics, said: “Since March 31, post-puberty males have been banned from the female category by World Athletics – in world rankings competitions – and by UK Athletics, in events they license.

“But now there is a new way to allow male athletes an unfair advantage: the non-binary category.”

The ICO said: “Organisations should only collect data if it is necessary for the purpose identified.

“If individuals are concerned the data they’re being asked to submit when entering events is not necessary for the purpose of registration, they can contact the ICO.”