Paragraph 5 Restriction on use of documents open to public inspection, or of information contained in themI1

Scotland

(1)

This paragraph applies to any person who has obtained access to a copy of the documents open to public inspection or information contained in them by any means.

(2)

No person to whom this paragraph applies may—

(a)

supply a copy of the documents open to public inspection or any part of those documents;

(b)

disclose any information contained in those documents (that is not contained in the edited register); or

(c)

make use of any such information,

other than for a permitted purpose construed in accordance with sub-paragraphs (3) and (4).

(3)

Where a person obtains copies of the information in the marked register or lists in accordance with paragraph 2(1) or inspects information in accordance with paragraph 3(1), the “permitted purpose” means either—

F1(a)

purposes mentioned in F2Article 84A(1) of the F3UK GDPR (archiving in the public interest, scientific or historical research and statistics); or

(b)

electoral purposes.

(4)

Where a copy of any information was supplied in the circumstances to which paragraph 3(9)(b) applies, the “permitted purpose” means either—

(a)

the prevention and detection of crime and the enforcement of the criminal law (whether in Scotland or elsewhere); or

(b)

the vetting of a relevant person for the purpose of safeguarding national security.

F4(5)

In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Annotations

Textual amendments

F1: Sch. 8 para. 5(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 397(3)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2: Words in sch. 8 para. 5(3)(a) substituted (5.2.2026) by The Data (Use and Access) Act 2025 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/1331), regs. 2(3), 15(3); S.I. 2026/82, reg. 2(n)
F3: Words in sch. 8 para. 5(3)(a) 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. 100(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F4: Sch. 8 para. 5(5) 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. 100(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Sch. 8 para. 5 in force at 16.12.2015 in accordance with art. 1(1)