Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

87 Confidentiality of information

(1) This subsection applies to—

(a) Redress Scotland,

(b) a person who is a member of Redress Scotland,

(c) a person who is a member of staff of Redress Scotland,

(d) the Scottish Ministers,

(e) a person who is a member of staff of the Scottish Ministers,

(f) a person who has been given relevant information for the purpose of storing or preserving it.

(2) A person to whom subsection (1) applies (or applied at the time the relevant information was provided to that person) must not disclose relevant information.

(3) Subsection (2) does not prevent disclosure of relevant information by the person to the extent that—

(a) the disclosure is to another person to whom subsection (1) applies and is necessary for the purpose of enabling or assisting the carrying out by Redress Scotland or the Scottish Ministers of any of the functions conferred on it or on them under or by virtue of this Act,

(b) the disclosure is made with the consent of the person from whom the relevant information was obtained, or

(c) the disclosure is reasonably required by and done in accordance with a provision of, or made under, this Act.

(4) A person to whom subsection (1) applies (or applied at the time the relevant information was provided to that person) must disclose relevant information to a constable to the extent that the disclosure is, in the opinion of that person acting in good faith—

(a) reasonably necessary to allow the investigation of an offence involving the abuse of a child, and

(b) in the public interest.

(5) A court may order disclosure of relevant information in, or for the purposes of, civil or criminal proceedings (including for the purposes of an investigation of any offence or suspected offence).

(6) In this section, “relevant information” means any information which—

(a) has been provided to a person in connection with the carrying out of—

(i) Redress Scotland’s functions, or

(ii) the Scottish Ministers’ functions in relation to the redress scheme, and

(b) is not otherwise in the public domain.