Scottish public authorities sharing data: consultation analysis

Footnotes

1. One individual responded twice and the two responses have been combined into a single response.

2. The 2004 Act allows trans people to apply to the Gender Recognition Panel (a tribunal) for legal recognition of the gender in which they live. If their application is successful, and where they were born in the UK, they can then access an updated birth certificate. Section 22 of the 2004 Act is intended to protect the privacy of people who have applied for or who have obtained such legal recognition by making it an offence for a person who has acquired "protected information" in an official capacity to disclose that information. Protected information is information about a person's application for recognition or about a successful applicant's gender before their application was granted. There are exceptions, for example where disclosure of protected information is made for the purposes of crime prevention or detection, the social security system or pensions. There are further exceptions made in secondary legislation.

Gender Recognition Act 2004 c.7, section 22.
Available at: https://www.legislation.gov.uk/ukpga/2004/7/section/22

The Gender Recognition (Disclosure of Information) (Scotland) Order 2005 No. 125.
Available at: https://www.legislation.gov.uk/ssi/2005/125/contents/made