Commentary on Sections Scotland Section 441: Disclosure of information by Lord Advocate and by Scottish Ministers
589.Section 441 provides that the Scottish Ministers and the Lord Advocate may disclose information to any person or body for any of the purposes set out in subsection (1)(a) to (i). Under subsection (8), the Scottish Ministers will be able to add to the list of disclosure purposes by order.
590.As with section 439(3), exchanges of information which contravene the Data Protection Act 1998, or are prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000, are not permitted and any disclosure would be subject to the provisions of the Human Rights Act 1998.