Information

Data collection - protected characteristics: guidance - equality impact assessment

Equality Impact Assessment (EQIA) for guidance for public bodies on the collection of data related to age, disability, ethnic group, religion/belief and sexual orientation.


Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Characteristic[1] Evidence gathered and Strength/quality of evidence Source Data gaps identified and action taken
Age The recommended questions set out in the refreshed guidance note are designed to identify respondents who may have rights under the Equality Act 2010[2].   Questions to remain in line with the main Scottish household surveys.
Disability

Section 1(2) of the Disability Discrimination Act (1995)[3] broadly defined someone as disabled if 'he or she has a physical or mental impairment which has a substantial and long-term adverse effect on her or his ability to carry out normal day-to-day activities'. This legislation has been super-ceded from 1 October 2010 by provisions contained within the Equality Act. While the definition of disability in the Equality Act is similar to that which preceded it, the legislation now no longer requires a disabled person to demonstrate their impairment adversely affects their ability to carry out a normal day-to-day activity in at least one of a specified list of capacities such as moving, speech, continence.

The recommended questions set out in the refreshed guidance note are designed to identify respondents who may have rights under the Equality Act 2010.

  Questions have been kept in line with ONS harmonised questions
Sex The guidance will not specifically cover the collection of data on sex, but will encourage public bodies to take an intersectional approach to data analysis.    
Pregnancy and Maternity The guidance will not specifically cover the collection of data on pregnancy and maternity, but will encourage public bodies to take an intersectional approach to data analysis.    
Gender Reassignment The guidance will not specifically cover the collection of data on gender reassignment, but will encourage public bodies to take an intersectional approach to data analysis.    
Sexual Orientation The recommended questions set out in the refreshed guidance note are designed to identify respondents who may have rights under the Equality Act 2010.   Questions to be brought in line with the 2022 Scottish Census
Race The recommended questions set out in the refreshed guidance note are designed to identify respondents who may have rights under the Equality Act 2010.  

Questions to be brought in line with the 2022 Scottish Census

Religion or Belief The recommended questions set out in the refreshed guidance note are designed to identify respondents who may have rights under the Equality Act 2010.   Questions to be brought in line with the 2022 Scottish Census

Marriage and Civil Partnership

(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details)

N/A    

Contact

Email: social-justice-analysis@gov.scot

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