(1)A person having functions by virtue of this Act shall, on being required to do so by the Scottish Ministers—
(a)provide them or any other person specified in the requirement with such relevant information as is so specified; and
(b)do so in any such form as may be so specified.
(2)The Scottish Ministers may, under subsection (1) above, require the provision of relevant information only if, in their opinion, it is needed by them (or, as the case may be, the other person specified in the requirement) for [F1purposes mentioned in Article 89(1) of the [F2UK GDPR] (archiving in the public interest, scientific or historical research and statistics)].
(3)Information need not be provided under this section if, were it evidence which might be given in proceedings in any court in Scotland, the person having that evidence could not be compelled to give it in such proceedings.
(4)Where information required under subsection (1) above—
(a)is, or refers to, information about a natural person and would identify or enable the identification of the person; and
(b)can reasonably be provided under subsection (1) above so as not to identify or enable the identification of the person,
it shall be so provided.
(5)Where—
(a)the person required under subsection (1) above to provide the information is under a duty of confidentiality in respect of that information; and
(b)the person cannot provide the information without breaching the duty,
the information shall not be provided unless the person to whom the duty is owed has consented to its provision.
(6)On receipt of information provided under this section, the Scottish Ministers (or any other person provided under this section with the information) may, for the purposes referred to in subsection (2) above, do any, or all, of the following—
(a)process the information;
(b)collate it;
(c)publish it or reports based on it.
(7)Regulations may provide as to the procedure to be followed in making requirements under this section for information and in providing it.
(8)Where information recorded otherwise than in legible form is required to be provided under this section, it shall be provided in legible form.
(9)For the purposes of this section—
(a)information is “relevant” if it is information as to the operation of this Act; and
(b)a person is under a duty of confidentiality in respect of information although the person could notwithstanding that duty be compelled to give evidence as to that information in proceedings in a court in Scotland.
[F3(10)In this section, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.]
Textual Amendments
F1Words in s. 279(2) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 98(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2Words in s. 279(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 23(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F3S. 279(10) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 23(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 279 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
I2S. 279 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)