3. Information about someone else
Information about someone else
Generally, we will deal with these requests under the Freedom of Information (Scotland) Act 2002. However, the person may have consented to/authorised you to make a request on their behalf or you may be entitled to exercise someone else's rights under the Data Protection Act 1998, if you are legally empowered to do so.
If you are asking for information on behalf of someone else and that person can give consent to you doing so, please also enclose a copy of that consent, for example, a letter signed by the person concerned authorising you to make the request on their behalf. If you cannot provide consent you may be asked for further information. SLLC may, also, ask for proof of identity of the person concerned in order to check signatures etc.
If the person cannot consent to you asking for their information, which is usually where he/she is unable by reason of age or other incapacity from exercising his/her own rights, you must have the legal power to exercise rights on the person's behalf. Examples could be someone with parental responsibilities for a child under the age of 12 or a welfare or financial guardian for an adult who is incapable of exercising their rights.
We may ask you for proof of your legal power. This proof could be in relation to a child under the age of 12, the birth certificate of the child or a marriage certificate or a court order giving you parental responsibilities for the child or the court order appointing you as a Welfare or Financial Guardian.