Part 3

The Scottish Information Commissioner

Confidentiality of information obtained by or furnished to Commissioner
45
1
A person who is or has been the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner must not disclose any information which—
a
has been obtained by, or furnished to, the Commissioner under or for the purposes of this Act; and
b
is not at the time of the disclosure, and has not previously been, available to the public from another source,
unless the disclosure is made with lawful authority.
2
For the purposes of subsection (1), disclosure is made with lawful authority only if, and to the extent that—
a
the disclosure is made with the consent of the person from whom the information was so obtained or by whom it was so furnished;
b
the information was provided for the purpose of its being made available to the public (in whatever manner) under a provision of this Act;
c
the disclosure is made for the purpose of, and is necessary for, the discharge of—
i
a function under this Act; or
ii
an EU obligation;
d
the disclosure is made for the purpose of proceedings, whether criminal or civil and whether arising under, or by virtue of, this Act or otherwise; or
e
either—
i
in a case where the person mentioned in paragraph (a) is a Scottish public authority, had that person received on the day of disclosure a request for the information that person; or
ii
in any other case, had the Commissioner received on that day such a request the Commissioner,
would, by virtue of section 1(1), have been under an obligation to give it.
3
A person who knowingly or recklessly discloses information in contravention of subsection (1) is guilty of an offence.
4
A person guilty of an offence under subsection (3) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
S. 45 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg 18(5)(6) (with reg. 3)
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))