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(1)Information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings is exempt information.
(2)Information is exempt information if—
(a)it was obtained by a Scottish public authority from another person (including another such authority); and
(b)its disclosure by the authority so obtaining it to the public (otherwise than under this Act) would constitute a breach of confidence actionable by that person or any other person.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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