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.