New Transgender guidance: FOI release

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

Information requested

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


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

FOI-202000042069 - Information released - Annex
FOI-202000042069 - Information released (a)


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

The Scottish Government
St Andrews House
Regent Road

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