An application for access to a health record can be made:
"where the patient has died, the patient's personal representative and any person who may have a claim arising out of the patient's death"
Access to Health Records Act 1990
But I don't think the original message was for access to health records
Kathy Perkins
Medical Records Manager
The London Clinic
20 Devonshire Place
London
W1G 6BW
Telephone 020 7 935 4444 ext 3214
-----Original Message-----
From: Kirsty E Gray [mailto:[log in to unmask]]
Sent: 18 September 2003 12:57
To: [log in to unmask]
Subject: Re: rights of next of kin - passing of data subject's rights??
On Thu, 18 Sep 2003 11:31:27 +0100, Jim Whitaker
<[log in to unmask]> wrote:
>No rights for the next-of-kin,
But DPA1998 only repealed Access to Health Records Act 1990 in relation to
the living.
Relatives (dependents) of the deceased are still entitled to access records
relating to the cause of death IF they might be entitled to claim
compensation for death due to negligence.
Kirsty E Gray
Data Protection Officer
National Care Standards Commission
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of NCSC nor constitute legal advice.
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