A/HRC/43/52 (c) Ensure that legal provisions, regulations or administrative procedures relating to the donation of biological material, such as blood, gametes, embryos, organs, cells or other tissues, contain privacy provisions with exemptions and exceptions as lawfully provided; (d) Ensure the inclusion of privacy rights and responsibilities in material relating to gender in health curricula and continuing professional development programmes; (e) Repeal laws that: (i) Criminalize consensual sexual activity between adults, including people of the same sex; (ii) Prohibit the expression of gender identity; (f) Release people held in pretrial detention or on the basis of a criminal sentence, if their detention is related to consensual sexual activity between people over the age of consent or to their gender identity. J. Health care 41. States and non-State actors should: (a) Implement the provisions of the Special Rapporteur’s recommendation on the use of health-related data, in particular by: (i) Taking all administrative and other measures necessary to manage healthrelated data so as to ensure enjoyment of the right to health care, confidentially and regardless of gender; (ii) Ensuring that free, prior and informed consent forms the basis of the provision of health care; (iii) Not using health-related data concerning gender to restrict the enjoyment of human rights in either health or non-health contexts, unless medically indicated, as established by evidence and/or in compliance with a legal requirement; (iv) Including provision for non-binary classifications in gender-marker categories in health records and health-related data; (v) Taking all measures necessary to ensure that systems, procedures, records and data collection reflect all medical or other treatments, for example on intersex children or gender transitions; (vi) Ensuring that health-related data systems for recording and processing familial relationships reflect, for example, same-sex partner recognition and, in the case of children, the self-defined gender of their parents, guardians or other family members; (vii) Enabling access to high-quality information relevant to gender health-care needs, as well as full access to health records on the basis of the best interests of the individual and not subordinated to the claimed interest of the State or of the institution, or its employees, contractors or agents; (viii) Ensuring that a person or an entity making a decision concerning the healthrelated data of an individual does so in a way that is consistent with that person’s gender, in the person’s best interests and with the person’s knowledge and consent; (ix) Providing particular protection of the health-related data of individuals subject to reports of notifiable diseases, such as sexually transmitted infections, so as not to subject individuals to opprobrium or discrimination; (x) Reporting notifiable diseases with the ethical consideration of advising the persons concerned, regardless of their gender, while providing suitable and specific measures to safeguard their rights and freedoms; (xi) Reviewing medical classifications to eradicate the conception of some forms of sexual orientation or gender identities as pathologies; 16