32Disclosure of information(1)

The register of foster carers is not to be open to public inspection or search.

(2)

The Scottish Ministers, by regulations—

(a)

must authorise the disclosure of information derived from the register by the relevant person to a fostering service for a purpose mentioned in section 30(1)(a),

(b)

may authorise the disclosure of information derived from the register by the relevant person to other persons for the purpose mentioned in section 30(1)(b), for example, for use—

(i)

for statistical or research purposes,

(ii)

in identifying training, development and other support needs of foster carers,

(c)

may authorise the disclosure of information derived from the register by a fostering service to other persons for purposes specified in the regulations.

(3)

Authority to disclose information by virtue of regulations made under subsection (2) is subject to any further provision made in the regulations as to such disclosure, including provision—

(a)

setting out conditions on which information may be disclosed (for example, a condition that information for use as mentioned in subsection (2)(b)(i) or (ii) must be anonymised),

(b)

specifying steps to be taken by a fostering service in relation to information disclosed to it.

(4)

It is an offence to disclose any information derived from the register other than in accordance with regulations made under subsection (2).

(5)

Subsection (4) does not apply to a disclosure of information by or with the authority of the Scottish Ministers.

(6)

A person who is guilty of an offence under this section is liable on summary conviction to—

(a)

imprisonment for a term not exceeding 3 months,

(b)

a fine not exceeding level 5 on the standard scale, or

(c)

both.