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The Pupils' Educational Records (Scotland) Regulations 2003
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- Scottish Statutory Instruments
- 2003 No. 581
- Regulation 6
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Circumstances where information should not be disclosedS
6. When complying with a request for disclosure of information in a pupil’s educational record under regulation 5(1) or 5(2) above, the responsible body shall not disclose any information [F1to the extent that any of the following conditions are satisfied]–
[F2(aa)the pupil to whom the information relates would have no right of access to the information under the [F3UK GDPR];
(ab)the information is personal data described in Article 9(1) or 10 of the [F4UK GDPR] (special categories of personal data and personal data relating to criminal convictions and offences);]
(d)[F5the disclosure of the information] would in the opinion of the responsible body, be likely to cause significant distress or harm to the pupil or any other person; or
(e)[F6the information] consists of a reference given or to be given in confidence by the responsible body for the purposes of the education, training or employment, or prospective education, training or employment, of the pupil.
Textual Amendments
F1Words in reg. 6 inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 299(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2Reg. 6(aa)(ab) substituted for reg. 6(a)-(c) (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 299(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F3Words in reg. 6(aa) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 50 (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 6(ab) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 50 (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 6(d) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 299(4) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F6Words in reg. 6(e) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 299(5) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
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