The Scottish Government has emphasized the importance of safeguarding the privacy of transgender prisoners by avoiding public identification to prevent potentially harmful consequences. This stance arises from concerns highlighted by a United Nations report involving discussions with Scottish National Party (SNP) officials.
The report follows the controversy surrounding transgender rapist Isla Bryson, who was initially sent to a women's prison in January 2023 after being convicted of rape while living as a man. Bryson, known as Adam Graham at the time of the offenses in 2016 and 2019, was later transferred to a male prison amidst public outcry.
Further privacy concerns were underscored in the case of Andrew Miller, a transgender butcher known as Amy George, who was jailed for 20 years in October 2022 for abducting and assaulting a schoolgirl. Unlike Bryson, Miller was not considered for placement in a women’s prison due to revised rules following Bryson's case.
The issue has sparked significant political disagreement in Scotland. Sharon Dowey, the Scottish Conservative deputy justice spokesperson, criticized the SNP for prioritizing the needs of criminals over victims.
A Scottish Government spokesperson reaffirmed their commitment to protecting personal information of prisoners in line with data protection laws, mentioning the Scottish Prison Service's publication of a new transgender policy since the UN visit in May 2023.
The UN Independent Expert on Sexual Orientation and Gender Identity, Victor-Madrigal Borloz, visited Scotland and noted the specific risks to the privacy of transgender prisoners due to public debates in media and parliament, stressing adherence to good practice and guidelines.