The Pupils' Educational Records (Scotland) Regulations 2003

Circumstances where information should not be disclosed

6.  When complying with a request for disclosure of information in a pupil’s educational record under regulation 5(1) or 5(2) above, the responsible body shall not disclose any information–

(a) that is subject to any order under section 30(2) of the 1998 Act;

(b) that is subject to any order under section 38(l) of the 1998 Act;

(c) that is sensitive personal data as defined in section 2 of 1998 Act;

(d) to the extent that its disclosure would in the opinion of the responsible body, be likely to cause significant distress or harm to the pupil or any other person; or

(e) that consists of a reference given or to be given in confidence by the responsible body for the purposes of the education, training or employment, or prospective education, training or employment, of the pupil.