Gathering and use of information
I1I215Confidentiality of information
1
A person mentioned in subsection (3) commits an offence if the person knowingly or recklessly makes an unauthorised disclosure of information that—
a
has been obtained by or on behalf of the Commissioner for the purposes of exercising the Commissioner’s functions,
b
is not, and has not been, in the public domain when the disclosure is made.
2
A disclosure of information is authorised for the purpose of subsection (1) in so far as it is—
a
made with the consent of the person from whom the information was obtained,
b
necessary for the purpose of enabling, or assisting, the exercise of the Commissioner’s functions,
c
made for the purpose of legal proceedings, whether civil or criminal (including for the purposes of investigating an offence or suspected offence),
d
made for the purpose of assisting one of the following persons in exercising their statutory functions—
i
Healthcare Improvement Scotland,
ii
the Commissioner for Patient Safety in relation to England, which is an office established by section 1 of the Medicines and Medical Devices Act 2021,
iii
the Scottish Public Services Ombudsman,
e
required by an enactment or rule of law.
3
The persons referred to in subsection (1) are—
a
the Commissioner,
b
a member of the Commissioner’s staff,
c
a member of the advisory group established in accordance with section 16,
d
an agent of the Commissioner.
4
A person who commits an offence under subsection (1) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.