100% disagree, it can't be a SAR as DPA only covers living individuals...
Kind regards,
Andrew.
Andrew Harvey
Information Governance Lead
Western Sussex Hospitals NHS Foundation Trust
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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 Phil Bradshaw
Sent: 13 May 2016 12:27
To: [log in to unmask]
Subject: Re: [data-protection] Friday Question: Illness of a deceased person & SAR
Well, yes it IS an SAR because that is the question posed.
The key question is whether it is applicant's PD. If not it is outside the scope of the request and in that sense it may not be an SAR issue.
Personally I think some data like this is applicant's PD. For example if the hereditary element is indisputable e.g. parent had sickle-cell anaemia, I would accept that information is also PD of child. This is perhaps not so clear.
If you do decide it is PD of applicant I think the problem is solved. It is reasonable in all the circumstances to disclose notwithstanding any possible confidentiality to the deceased.
If not there is no duty under DPA to disclose nor has an application been made under AHR1990. Of course if son is also the personal representative you could suggest it may be in his interests to make such an application ...
Outside of that there is probably no duty to disclose but I can understand why you may want to. You MUST consult with your Caldicott guardian. Personally unless there were some additional factors such as express wish of the parent or possible harm to others I would favour a minimum disclosure
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