The Access to Personal Files (Social Work) (Scotland) Regulations 1989

Rectification and erasure of inaccurate information

11.—(1) If an individual who is the subject of accessible personal information regards that information, or part of it, as inaccurate, he may by notice in writing require the social work authority holding the information to rectify or erase the information he regards as inaccurate.

(2) A social work authority shall not be obliged to take any action in response to a notice under paragraph (1) unless the notice—

(a) supplies sufficient information for the social work authority to locate the information regarded as inaccurate,

(b) specifies in what respect the individual regards that information as inaccurate, and

(c) specifies how the individual considers the local social work authority should rectify the information or what part of the information he considers the social work authority should erase.

(3) An individual who serves a notice under paragraph (1) shall be entitled to submit with the notice such written evidence of the inaccuracy of the information referred to in the notice as he considers appropriate.

(4) If, following a notice under paragraph (1), a local social work authority is satisfied that the information specified in the notice is inaccurate, that social work authority shall rectify or erase—

(a) the inaccurate information, and

(b) any information held by them containing an expression of opinion which appears to the social work authority to be based on the inaccurate information.

(5) If, following a notice under paragraph (1), the social work authority are not satisfied that the information specified in the notice is inaccurate, the social work authority shall place with the information regarded as inaccurate by the individual who served the notice, a written note that the individual regards that information as inaccurate.

(6) If a social work authority—

(a) rectify any information under paragraph (4), or

(b) place a written note with any information under paragraph (5),

the social work authority shall give the individual who is the subject of the information access to the rectified information or the written note, as the case may be, without the payment of any fee.

(7) A social work authority shall have complied with their obligation under paragraph (6) if they supply the individual with a copy of the rectified information or the note as the case may be, but if the social work authority give the individual access to that rectified information or the written note by a means other than supplying him with a copy of it, they shall in addition be obliged to supply the individual with a copy of such of that rectified information or the written note as he may require.