Section 82: Applicant access to information and evidence
242.This section provides that Redress Scotland and the Scottish Ministers must, on request, provide a person with access to any information or evidence obtained by or provided to it or them in connection with the person’s application for a redress payment.
243.Subsection (2) addresses the situation where a nominated beneficiary seeks access to information or evidence relating to the deceased survivor and provides that this includes a right of access to any information and evidence held in connection with the application prior to it being taken over by the nominated beneficiary. Any information or evidence provided or obtained after the nominated beneficiary had taken over the application would be covered by subsection (1), by reason of the nominated beneficiary being treated under section 72 as having stepped into the original applicant’s shoes.
244.The right of access to information and evidence applies so far as that can be provided in a way which is compliant with applicable data protection legislation (including the Data Protection Act 2018 and the General Data Protection Regulation as now enshrined in UK law), and without releasing information that would identify any person other than the person making the request or the original applicant.
