Ah, but the personal representatives inherit all causes of action of the
dead person (including breach of confidence). And of course, those
causes of action will then vest under the will (here there is one) in a
beneficiary.
Presumably not the daughter given that she is contesting the will !
Interesting question, but completely off piste, if the will is invalid
then she might well be the sole beneficiary (or at least one of them)
under the intestacy rules and then there would be no duty of confidence
(as she can't owe it to herself)
Renzo
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carter, Antoinette
(Global IS)
Sent: 16 April 2009 17:58
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure of records re a deceased
person
At the risk of playing devil's advocate on the subject, I don't think
the mother's wishes prior to her death are relevant. You cannot, by
definition, breach a dead person's confidentiality; the dead can't sue!
Antoinette Carter
Information Policy Adviser, Information Governance
Global Information Systems (GIS)
Tel: (0)20 7389 4016
BCTN: 8 010 4016
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 16 April 2009 13:49
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure of records re a deceased
person
There is at least a hint in the scenario that the mother may not have
wished daughter to have access to her records, which is obviously
relevant to considering the issue of confidentiality.
I think your own staff need to review the records and take a view, but
on the limited information available, I think I would be reluctant. The
request seems premature.
Are the Solicitors acting for the daughter or the named Executor? Are
they the same? If the daughter is also Executor her position will be
very strong - but I assume she is not. If so her Solicitors first call
I would suggest would be on the witnesses, and subject to any evidence
they provide as to circumstances of signing, they should apply to the
court to contest the will and the court can make such orders as
appropriate regarding evidence.
Phil Bradshaw
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dinsdale, Peter
Sent: 16 April 2009 13:14
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure of records re a deceased
person
This is an FOI request from my point of view. Take a look at the ICO
guidance on access to information about the deceased -
http://www.ico.gov.uk/upload/documents/library/freedom_of_information/de
tailed_specialist_guides/informationaboutthedeceased.pdf
Regards,
Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 16 April 2009 13:08
To: [log in to unmask]
Subject: [data-protection] Disclosure of records re a deceased person
This is the scenario. Daughter disputes mothers will which was executed
in 2003. She does not think she was of sufficient capacity to make the
will.
Letter received from Solicitors asking to see care records for the
deceased lady to ascertain what her circumstances and capacity were at
the time and whether the care she received from Social Services would
indicate she did not have the capacity to make the will.
I would guess that there are references to living individuals in the
file (other than those performing their official caring duties).Also,
possibly opinions on the lady's condition as opposed to facts - but I am
only guessing.
Could the solicitors claim exemption Section 29 - prevention and
detection of
crime (which they haven't) ? What is our situation regarding
disclosure of
data regarding a dead person to whom the DP Act does not apply, but duty
of confidentiality might ?
I'd be grateful for any opinions.
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