[chrismeller]

I don't believe that would fall afoul under this particular section, but I know there are specific sections that deal with anything regarding gender, ethnicity, sexual preference, religious affiliation, etc. that you might have to worry about. I'm pretty sure you could still do it without any kind of consent (which is what the case here was related to), but the gender data you collect from it might have restrictions on use or other caveats you'd have to deal with.

Honestly I'd have to do some specific research and then probably contact a lawyer to have them do some research just to CYA (or rather, mine).