ANNEX 9
TOPIC 5 - PROHIBITIONS TO DISCLOSURE OF INFORMATION
Question 25 - Do you have any examples of occasions where statutory provision in other legislation are in practice preventing the release of information through FOI(S)A by public authorities?
41 respondees provided comment on this issue.
Specific mention was made of the following statutes/regulations. Only a few respondees provided specific examples of where the provision had in practice prohibited release of information in response to a request.
Access to information contained in adoption records
Common law of confidentiality
Local Government (Access to Information) Act 1995
The Agricultural Statistics Act 1979
The Children (Scotland) Act 1995 (section 44)
The Data Protection Act 1998
The Enterprise Act 2002 (part 9)
The Fire Precautions Act 1971 (section 21)
The Health and Safety at Work etc. Act 1974 (section 28)
The Legal Aid (Scotland) Act 1986 (section 34)
The Local Government Finance Act 1992 (secondary use of council tax information)
The Regulation of Care (Scotland) Act 2001
The Representation of the People Act
The Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001