Freedom of Information (Scotland) Act 2002

36Confidentiality

This section has no associated Explanatory Notes

(1)Information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings is exempt information.

(2)Information is exempt information if—

(a)it was obtained by a Scottish public authority from another person (including another such authority); and

(b)its disclosure by the authority so obtaining it to the public (otherwise than under this Act) would constitute a breach of confidence actionable by that person or any other person.