Sensitivity obligation – public registers

Section 200(8) of the Bankruptcy (Scotland) Act 2016 states that “Regulations under subsection (1)(c) may in particular prescribe circumstances where information need not be included in the register of insolvencies, if in the opinion of the Accountant in Bankruptcy, inclusion of the information would be likely to jeopardise the safety or welfare of any person.”

Section 19(4) of the Debt Arrangement Scheme (Scotland) Regulations 2011, as amended, states that “ information need not be included on the DAS Register where the DAS Administrator is of the opinion that inclusion of the information would be likely to put any person at risk of violence or otherwise jeopardise the safety or welfare of any person.”