Detailed Provisions Part 4: Financial redress: redress payments Chapter 4: Death of applicant Section 67: Access to information and evidence by nominated beneficiary
190.This section provides that access to information and evidence held by Redress Scotland or the Scottish Ministers can be provided, subject to certain restrictions, to a nominated beneficiary (that is, a person nominated by an applicant under section 65 to take over their application in the event of their death while the application is ongoing).
191.The section provides for a nominated beneficiary to be able to access any relevant information or evidence when considering whether to accept an invitation to take over the application under section 66(2) or (3) of the Act, or, having not been invited to take over the application (because too much of the information needed in relation to the application is still outstanding), for the purposes of a review of that decision under section 68. Once a nominated beneficiary takes over an application, their right to access is provided under section 82 instead.
192.Subsection (3) makes clear that the right of access to information and evidence applies so far as that can be provided in a way which is compliant with applicable data protection legislation (including the Data Protection Act 2018 and the General Data Protection Regulation as now enshrined in UK law), and without releasing information or evidence that would identify any person other than the applicant or nominated beneficiary.