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Version date: 27 June 2018 - onwards
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439. Disclosure of information to Lord Advocate and to Scottish Ministers

(1) Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of this section) may be disclosed to the Lord Advocate in connection with the exercise of any of his functions under Part 3 or to the Scottish Ministers in connection with the exercise of any of their functions under Part 5 or 8.

(2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(3) But nothing in this section authorises the making of a disclosure -

(a) which contravenes the data protection legislation;

(b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4) This section does not affect a power to disclose which exists apart from this section.

(5) These are permitted persons -

(a) a constable;

(b)the National Crime Agency but only so far as the information is held by it or on its behalf otherwise than in connection with

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