The Access to Personal Files (Housing) (Scotland) Regulations 1992

Exemption as to another individual

8.—(1) Subject to paragraph (5), where accessible personal information—

(a) contains personal information other than that of which the tenant is or under the Act is to be treated as the subject; and

(b) could reasonably be expected to identify any other living individual, incl uding an individual who is the source of the information, who has not consented to the disclosure of that information,

a housing authority, within 14 days of receiving a request and the information and fee under regulation 4, shall notify that other individual if he can be found, that a request has been received for access to accessible personal information containing personal information relating to him and ask him whether he consents to access being given to that information.

(2) The notice to the other individual under paragraph (1) shall contain a statement that if no reply has been sent to the housing authority within 28 days of the date of the notice, the personal information relating to him will be made available to the tenant.

(3) Where the individual who has been informed under paragraph (1) refuses to consent to the disclosure of the information, the housing authority shall not give access to the accessible personal information mentioned in paragraph (1).

(4) Where the individual to whom paragraph (1)(b) applies—

(a) gives his consent to access being given to the personal information;

(b) can not be found; or

(c) has been informed under paragraph (1) but does not respond to the housing authority within 28 days of the date of the authority’s notice to him,

the housing authority shall give access to the personal information mentioned in paragraph (1).

(5) Accessible personal information falling within paragraph (1) is not exempt if the only individual who is likely to be identified is or was—

(a) a member of the tenant’s family;

(b) a health professional who provided the information in his capacity as a health professional having been involved in the care of the person who is the subject of the information; or

(c) employed by the housing authority in connection with their functions as a landlord, including a person providing for reward services on behalf of the housing authority in connection with those functions.