Date lodged: 23 November 2018
To ask the Scottish Government what guidance it issues regarding how NHS boards should (a) collect and (b) use data regarding the (i) sex and (ii) gender identity of people.
Answered by: Jeane Freeman 17 December 2018
The Scottish Government does not issue guidance that explicitly states how NHS boards should collect and use data regarding the sex and gender identity of people.
Health Boards are subject to the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended), which underpin the public sector equality duty (PSED) set out in section 149 of the Equality Act 2010.
Responsibility for oversight of compliance with the 2010 Act, including compliance with the 2012 Regulations, rests with the Equality and Human Rights Commission (EHRC), which has issued guidance on how the Regulations should be applied in practice.
The definitions used for collecting data on 'sex' from people who attend hospital is defined in the ISD data catalogue, available at this link. http://www.ndc.scot.nhs.uk/Dictionary-A-Z/Definitions/index.asp?Search=S&ID=1000&Title=Sex