19. Under AAR 42.3, where the agency discloses information from its records, whether because of a requirement in AAR 42.1 or in the exercise of its discretion under AAR 42.2, it must keep a written record of access and disclosure. Under AIR 11, a similar duty applies, but is spelt out in more detail. The record must include:
- a description of the information disclosed;
- the date on which the disclosure was made;
- the person to whom the information was disclosed; and
- the reason for the disclosure.
20. It is important that the agency keeps a detailed and accurate record of any information disclosed to any person by virtue of AIR 8 or 9. This is particularly important where the agency has exercised its discretion to disclose information by virtue of AIR 8.1 or where it has entrusted protected information to an adoption support agency or an adoption agency under AIR 8.2. It is important that the agency is able to verify at any given time details of the information it has previously disclosed under these regulations.
