I would say that if they were not delivered but aimed at the deceased that they belong to the deceased's estate, although I could imagine that this would provide fodder for lawyers to rack up some serious billable time debating!
As for confidentiality, I understood that information/records/documents can be seen to have a level of confidentiality attached to them if the information provided was done so on the understanding (explicit or implied) that they would be regarded as such. Confidentiality applies to information relating to the deceased as well as the living - I know this from many conversations with the ICO and others on this issue when someone wanted argued the other way to try and access information (medical in this case).
Another question occurs in that how was the correspondence sent? If it was put in the normal post it was my understanding that in the past the mail then becomes the property of the Crown until delivered. I wouldn't be surprised if that hasn't changed, though!
And finally on a pragmatic note. If someone sent a letter and the recipient died whilst it was in transit and the letter was never opened by them, all things being equal, if the sender asked for it back, would it not be a nice thing to do, assuming you didn't think there was a cheque for a substantial amount of money that they owed the deceased, or similar?
Good question for a Friday!
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 12 December 2008 13:39
To: [log in to unmask]
Subject: [data-protection] Deceased correspondence
A discussion for a another quiet Friday.
All views appreciated.
After a person dies, does any confidentiality apply to their private
correspondence?
To provide some limitation in that - items in transit and not
delivered to them whilst they were alive.
Do any such items 'belong' to the estate, or to the 'originator'?
Ian W
Discounted hotel bookings - http://www.tiscali.co.uk/travel
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