Overview and Background Part 2 – Environment Disclosure of information Section 39 - Disclosure of information to Environmental Standards Scotland
152.Section 39 ensures that public authorities are able to make appropriate disclosures to Environmental Standards Scotland.
153.Subsection (1) states that no statutory or common law prohibition or restriction on the disclosure of information prevents a public authority from providing Environmental Standards Scotland with information necessary for the exercise of its functions, in accordance with the authority’s duty to co-operate under section 23(1) or an information notice issued under section 24(1).
154.However, subsection (2) sets out that a public authority is not required to provide information in certain circumstances. Firstly, where it would be entitled to refuse to provide it in civil proceedings on grounds of confidentiality of communications. Secondly, where it would be entitled (or required by common law) to refuse to provide it in civil proceedings on grounds of public interest immunity. In addition, subsection (3) (as read with subsection (4)) states that nothing in this Chapter requires or authorises disclosure of information which would contravene data protection legislation as defined by section 3(9) of the Data Protection Act 2018.