Please see my article on access to deceased person's records where I
discuss some FOI cases on this subject:
http://www.informationlaw.org.uk/page13.htm
There is also a decision on access to social work records (Trafford
Metropolitan council):
http://www.informationlaw.org.uk/userimages/scriptjan08.pdf
The above does not directly answer your question but gives you avenues
to explore.
Hope this helps.
On 12 Dec 2008, at 14:10, David Wilson wrote:
> I am not sure who would possess ownership if the correspondence was
> posted
> after death but if the contents meet the necessary criteria (possess a
> quality of confidence about it, i.e. secret or confidential, not
> trivia or
> information in the public domain) then it could still be covered by a
> common law duty of confidence (which can persist after death) or
> Article 8
> of the Human Rights Act (case law has established that this can also
> persist after death).
>
>
> Many Thanks
>
> David Wilson
> Data Protection Officer
> 01305 225175
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Regards
Ibrahim Hasan
Solicitor and Trainer
www.informationlaw.org.uk
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