The Adoption Agencies (Scotland) Regulations 2009

Form and manner in which information is kept

28.—(1) Subject to the Adoption (Disclosure of Information and Medical Information about Natural Parents) (Scotland) Regulations 2009(1) any information, reports, recommendations or decisions referred to in regulation 27(2) must be treated by the adoption agency as confidential.

(2) The adoption agency must ensure that all case records, together with the indexes to them, are at all times kept in an accessible form in secure conditions and in particular that all appropriate measures are taken to prevent theft, unauthorised disclosure, damage, loss or destruction.

(3) Subject to the Adoption (Disclosure of Information and Medical Information about Natural Parents) (Scotland) Regulations 2009, an adoption agency must–

(a) preserve the indexes to all its case records and the case records in respect of those cases in which an adoption order is made in secure conditions for at least 100 years;

(b) preserve the case records in respect of a prospective adopter, in relation to whom an adoption order is not made, for at least 10 years; and

(c) preserve other case records in secure conditions for so long as it considers appropriate.

(4) Case records and indexes to them may be preserved on computer records or such other system as reproduces the total contents of the case record or index.

(1)

S.S.I. 2009/ ... ... ... ...