Asbestos Management Policy - Section 4
4. Legal Framework
4.1 The Moray Council will ensure that the Asbestos Policy complies with current legislation, promotes good practice and ensures that all residents and contractors working in tenants’ homes clearly understand the risks involved in disturbing asbestos containing materials.
4.2 The Moray Council will ensure that the Asbestos Policy complies with the Health and Safety at Work etc Act 1974, and the The Control of Asbestos at Work Regulations 2006.
4.3 In formulating this policy the Council recognises that all residents have rights under the Human Rights Act 1998. Every effort will be made to ensure that in implementing this policy, these rights are not breached.
4.4 Data Protection Act 1998
The Moray Council will comply with all of the requirements of the Data Protection Act 1998 and will ensure that personal data is processed fairly and lawfully, that it is used for the purpose it was intended and that only relevant information is used. The Council will ensure that information held is accurate, and where necessary kept up to date and that appropriate measures are taken that would prevent the unauthorised or unlawful use of any personal information given.
4.5 Freedom of Information (Scotland) Act 2002
The Freedom of Information (Scotland) Act 2002 provides "a right of access by the public to information held by public authorities". In terms of Section 1 of the Act, the general entitlement is that a "person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority". Information which a person is entitled to is the information held by the public authority at the time that the request is made. However, there are exemptions to this ruling to ensure that ‘personal data’ is not disclosed in breach of the Data Protection Act 1998.