Gender Reassignment - FOI Response Register

1. My request is in relation to data the Board’s function as an employer is required to gather, use and publish on the protected characteristics of employees, as set out in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, as amended, and specifically in relation to the protected characteristic of ‘gender reassignment’ [commonly described as ‘trans]. 

In this connection I ask that you provide me with the precise text of the question [and any sub-clauses to it] put to employees and from which the Board extracts and publishes the data on the protected characteristic of ‘gender reassignment’ [or ‘trans’], including the overall number and any sub-sets for the most recent year data has been gathered.

• The specific question asked is as per all NHS Scotland systems:

“

• <10

Where we have given a <10 answer, this is because NHS Shetland considers that providing more specific information carries a high risk of identifying individuals. As such and in accordance with FOISA s 16(1), NHS Shetland confirms that it holds the information requested but that it is exempt from disclosure under FOISA s 38(1)(b) as read with s 38 (2A) as the information constitutes personal data and disclosure would breach the confidentiality of the data subjects.

2. In addition and in the Board’s function as a service provider, where the Board gathers data on service users to evidence meeting the general equality duty of the Equality Act 2020 and eliminating discrimination in the provision of services, I ask about data gathered specifically in relation to the protected characteristic of ‘gender reassignment’ [commonly described as ‘trans].

In this connection I ask that you provide me with the precise text of the question [and any sub-clauses to it] put to service users and from which the Board extracts data and publishes the data to evidence the absence of discrimination, on the protected characteristic of ‘gender reassignment’ [or ‘trans’], including the overall number and any sub-sets.

In accordance with FOISA s 17(1), NHS Shetland confirms that it does not hold the information requested as no prescriptive wording is used for this asking patients this question.

For the field of “Gender” the options are:

Male

Female

Gender Neutral

Not known

Not specified