# Freedom of Information (Scotland) Act 2002, Section 36: Confidentiality


(1) Information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings is exempt information.
(2) Information is exempt information if—
(a) it was obtained by a Scottish public authority from another person (including another such authority); and
(b) its disclosure by the authority so obtaining it to the public (otherwise than under this Act) would constitute a breach of confidence actionable by that person or any other person.

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Source: https://www.legislation.gov.uk/asp/2002/13/section/36 (the official version)
Page: https://openlegislation.uk/freedom-of-information-scotland-act-2002/section-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.