Records regarding a publication article in Gender Recognition reform (Scotland) Bill: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

You asked for "all information held in the Scottish Government's records regarding the article The restroom and locker room wars: Where to pee or not to pee (Eckes 2017), published in The Journal of LGBT Youth, 14(3), which is cited on p174 of the consultation paper on the Gender Recognition reform (Scotland) Bill, issued on 17 December 2019. This includes, but is not limited to, anything recording how the article came to the attention of the Scottish Government, any analysis or summary produced of the article, any record of discussions of the article, whether internal or with third parties, and any records of how the article was selected for citation in the consultation paper."


The Scottish Government worked on the evidence base for the consultation in-house. The article to which you refer was not identified in the initial Scottish Government Library literature search but through a process of following up on citations in the articles initially identified.

I enclose a copy of some of the information you requested in the form of a British Library article delivery.

Most of the information you requested is available in FOI release FOI/202000011201 which is available at

Annex - Reasons for not providing information
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (personal information) of FOISA applies to that information, in that it consists of the names, email addresses and other information which may identify the individual(s) 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

FOI/202000011225 - Information Released


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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