Regulation 10 Exemptions from access to other information

(1)

As regards accessible personal information to which regulations 8 and 9 do not apply, a social work authority shall be exempted from the obligation imposed by regulation 2(1)(b) if any of the conditions set out in paragraphs (2) to (6) is met.

(2)

The condition in this paragraph is that the carrying out of the social work functions of the social work authority would be likely to be prejudiced by reason of the fact that serious harm to the physical or mental health or emotional condition of the individual who is the subject of the information or any other person would be likely to be caused; but the condition in this paragraph shall not apply to so much of the information sought by the request as can be supplied without causing such serious harm, whether by the omision of names or other particulars or otherwise.

(3)

The condition in this paragraph is that the identity of another individual (who has not consented to the disclosure of the information) either as a person to whom the information or part of it relates or as the source of the information, would be likely to be disclosed to or deduced by the individual the subject of the information or any other person who is likely to obtain access to it, either from the information itself or from a combination of that information and other information which the individual the subject of the information or such other person has, or is likely to have; but the condition in this paragraph shall not apply—

(a)

if the only individual whose identity would be likely to be disclosed or deduced is or has been employed by the social work authority in connection with their social work functions or has provided to the authority for reward a service similar to a service provided by the social work authority in the exercise of their social work functions and the information relates to him or he supplied the information in his official capacity, or as the case may be, in connection with the provision of that service, or

(b)

to so much of the information sought by the request as can be supplied without enabling the identity of another individual to be disclosed or deduced, (which may be done by the omission of names or other particulars or otherwise).

(4)

The condition in this paragraph is that the information is held by the social work authority for the purposes of—

(a)

the prevention or detection of crime, or

(b)

the apprehension or prosecution of offenders

and the application of regulation 2(1)(b) to the information would be likely to prejudice either or both of the matters mentioned in sub-paragraphs (a) and (b) above.

(5)

The condition in this paragraph is that the information consists of information the disclosure of which is prohibited or restricted by or which came into the possession of the social work authority by virtue of—

(i)

section 45 of the Adoption (Scotland) Act 1978^f1,

(ii)

regulation 24 of the Adoption Agencies (Scotland) Regulations 1984^f2,

(iii)

Rule 230 of the Act of Sederunt (Rules of Court) (Consolidation and Amendment) 1965^f3,

(iv)

paragraphs 9, 24 and 28 of the Act of Sederunt (Adoption of Children) 1984^f4,

(v)

section 60(4) of the Education (Scotland) Act 1980^f5,

(vi)

proviso (bb) to regulation 7(2) of the Education (Record of Needs) (Scotland) Regulations 1982^f6.

(6)

The condition in this paragraph is that the information consists of information in respect of which a claim to confidentiality as between client and professional legal adviser could be maintained in legal proceedings.

Annotations

Footnotes

f1: 1978 c. 28
f2: S.I. 1984/988
f3: S.I. 1965/321; Rule 230 was amended by S.I. 1984/997
f4: S.I. 1984/1013
f5: 1980 c. 44; section 60(4) was amended by section 4 of the Education (Scotland) Act 1981 (c. 58)
f6: S.I. 1982/1222