PART 3Oversight and enforcement

Investigations: witnesses and documents

37Restriction on disclosure of information

(1)

A person mentioned in subsection (2) must not disclose information which is—

(a)

contained in a complaint,

(b)

provided to or obtained by the person in the course of, or for the purposes of, an assessment under section 22(2)(a), or

(c)

provided to or obtained by the person in the course of, or for the purposes of, an investigation under section 22(2)(b)(i).

(2)

The persons are—

(a)

the Commissioner,

(b)

a member of the Commissioner’s staff, or

(c)

any other person appointed by the Commissioner.

(3)

Subsection (1) does not prevent disclosure of information for the purpose of—

(a)

enabling or assisting the Commissioner to discharge the Commissioner’s functions—

(i)

conferred by or under this Act (including by a resolution of the Parliament under section 41),

(ii)

conferred by or under any other enactment, or

(iii)

in the standing orders of the Scottish Parliament, or

(b)

the investigation or prosecution of any offence or suspected offence.