Part 1

Access to information held by Scottish public authorities

Right to information

Effect of exemptions
2
1
To information which is exempt information by virtue of any provision of Part 2, section 1 applies only to the extent that—
a
the provision does not confer absolute exemption; and
b
in all the circumstances of the case, the public interest in disclosing the information is not outweighed by that in maintaining the exemption.
2
For the purposes of paragraph (a) of subsection (1), the following provisions of Part 2 (and no others) are to be regarded as conferring absolute exemption—
a
section 25;
b
section 26;
c
section 36(2);
d
section 37; and
e
in subsection (1) of section 38—
i
paragraphs (a), (c) and (d); and
ii
paragraph (b) where the first condition referred to in that paragraph is satisfied by virtue of subsection (2)(a)(i) or (b) of that section.