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(1)The Scottish Ministers may by regulations make provision for or in connection with disclosure of information about the health of the natural parents of a child who is to be, may be or has been adopted (“the relevant child”).
(2)In making regulations under subsection (1), the Scottish Ministers must secure that a person to whom information is disclosed by virtue of the regulations has a duty of confidentiality in relation to the information.
(3)Notwithstanding subsection (2), regulations under subsection (1) may include provision enabling a person to whom information is disclosed by virtue of the regulations, in such circumstances and to such an extent as may be specified in the regulations, to disclose the information to—
(a)the relevant child,
(b)persons who are to or may adopt, or have adopted, the relevant child.
(4)Regulations under subsection (1) may, in particular, include provision for or in connection with specifying—
(a)the descriptions of person by whom, and to whom, information may be disclosed,
(b)the circumstances in which information may be disclosed,
(c)the type of information which may, or may not, be disclosed,
(d)the circumstances in which consent to disclosure of information need not be obtained,
(e)the processing of information by a person to whom information is disclosed.
(5)In subsection (4)(e), “processing” has the same meaning as in section 1(1) of the Data Protection Act 1998 (c. 28).
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Text created by the Scottish Executive department responsible for the subject matter of the Act 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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