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FOI/202000042069 · FOI · partially withheld

New Transgender guidance: FOI release

Published
2020-07-09
Received
2020-06-02
Responded
2020-06-26
Directorate
Learning Directorate
Topic
Equality and rights, Public sector
Exemptions
27(1)

Information requested

The transgender guidance accumulated since the response to your last Freedom of Information request on 12 November 2019.

Response

I enclose a copy of some of the information you requested. Exemptions under sections 27(1), information intended for future publication; 29(1)(a), formulation or development of government policy; 30(b)(i), free and frank provision of advice; 36(1), confidentiality of communications - legal advice privilege; and, 38(1)(b), personal data relating to a third party, of FOISA applies to some the information you have requested. The exemptions are subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. Further detail is offered in the Annex to this letter.

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

Exemptions under sections 27(1), information intended for future publication; 29(1)(a), formulation or development of government policy; 30(b)(i), free and frank provision of advice; 36(1), confidentiality of communications - legal advice privilege; and, 38(1)(b), personal data relating to a third party, of FOISA applies to some the information you have requested. The exemptions are subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

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