Section 87: Confidentiality of information
251.This section sets out the responsibility of Redress Scotland, the Scottish Ministers, their respective staff, and certain other parties to ensure confidentiality when handling information related to the redress scheme which is not otherwise in the public domain. Other than sharing of information and evidence that is done in accordance with section 82, persons listed in section 87 are prohibited from disclosing information given to them which relates to the scheme and has not been freely circulated to the public unless an exception applies.
252.Subsections (3), (4) and (5) describe the circumstances under which information can or must be shared. Specifically, sharing is permitted or, in some cases, required—
within certain limits for the purpose of carrying out any of the functions outlined in the Act or under any regulations made under it, or where it is expressly provided for in either of those places (for example, to provide information to a scheme contributor);
where the person who supplied the information has given their consent;
to enable the police to carry out the investigation of a criminal offence against a child and where it is in the public’s interest to share this information with a constable; or
under a court order in relation to civil or criminal proceedings.
253.Subsection (6) defines the information subject to these provisions.
