FOI/202200313388 · FOI · partially withheld
Gender Recognition and transgender inmates: FOI release
Information requested
All correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) between Ministers of the Scottish Government and the Scottish Prison service regarding the Gender Recognition Act (GRA) and transgender inmates since 7 May 2021.
Response
Please see attached, the information you have requested in Document 1. An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested, because it is personal data of a third party, in that it consists of personal information that may identify an individual and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested, because it is personal data of a third party, in that it consists of personal information that may identify an individual and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.