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202300351967 · FOI · partially withheld

Correspondence on Gender Recognition Reform (Scotland) Bill: FOI release

Published
2023-10-17
Received
2023-04-17
Responded
2023-05-16
Directorate
Justice Directorate
Topic
Public sector
Exemptions
25(1), 38(1)

Information requested

Please could you provide copies of any information held recording any contact between the Scottish Government and the Chair of Scottish Human Rights Commission between 5 and 23 December 2022, relating to the Gender Recognition Reform (Scotland) Bill.

Response

Please find attached the information you have requested in the form of two emails:

From SHRC to the Scottish Government, 07 December 2022 From the Scottish Government to SHRC, 15 December 2022

The email of 15 December 2022 refers to a letter from Victor Madrigal -Borloz, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. The link to the published letter can be found here: OL GBR (15.2022) (ohchr.org)

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance we are also unable to provide some of the information you have requested because an exemption(s) under section s.38(1) (b) (third party personal information) of FOISA applies to that information. This is because some of the information you have asked for is the personal data of third parties and disclosing it (such as names or personal details) would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Detected exemption language

The link to the published letter can be found here: OL GBR (15.2022) (ohchr.org) Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. While our aim is to provide information whenever possible, in this instance we are also unable to provide some of the information you have requested because an exemption(s) under section s.38(1) (b) (third party personal information) of FOISA applies to that information. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Attachments

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