Disclosure (Scotland) Act 2020

45 Offences under sections 42 and 44: supplementary provision

(1) Nothing in section 42 makes the disclosure of a Level 2 disclosure an offence where the disclosure is—

(a) by the individual who is the subject of the Level 2 disclosure,

(b) by any other person with the consent of the individual who is the subject of the Level 2 disclosure,

(c) to an office-holder in the Scottish Administration or a government department,

(d) to a statutory office-holder,

(e) in accordance with any obligation to provide information imposed by virtue of any enactment,

(f) for any other prescribed purpose.

(2) Nothing in section 44 makes the use of a Level 2 disclosure for a purpose other than a permitted purpose an offence where the use is—

(a) by the individual who is the subject of the Level 2 disclosure,

(b) by any other person with the consent of the individual who is the subject of the Level 2 disclosure,

(c) by an office-holder in the Scottish Administration or a government department,

(d) by a statutory office-holder,

(e) in accordance with any obligation to provide information imposed by virtue of any enactment,

(f) in any other prescribed circumstances.

(3) In this section and sections 42, 43 and 44(3), references to a Level 2 disclosure include references to any information contained in a Level 2 disclosure.