I agree with the points being made and it is always reassuring to hear that we are working along the right lines and according to the correct principles when deciding on access. However, my understanding of this was thrown into doubt when the guidance provided by TNA for the recent Infected Blood Inquiry included the following statement:
"TNA normally advises that information about deceased patients should remain closed to public access for 100 years from last date, to maintain public confidence in medical confidentiality (FOIA s.41 exemption, actionable breach of confidence)."
I have been meaning to seek further clarification on what they actually meant by this. It appears to advocate a fixed closure period and one which may extend for a period of up to 100 years after death. Or perhaps I am misinterpreting it. If all it is saying is that if a medical record is less than 100 years old it requires further investigation before release of any of the information in it, then I would agree with that. But it specifically talks about "information about deceased patients" rather than records containing this information. We tag such records as "Subject to individual application" but for specific information generally work on restrictions only applying for the 100 year lifespan plus a buffer zone of an undefined period for very sensitive records depending on circumstances (to account for breach of confidence actionable by next of kin) but this certainly wouldn't extend as far as 100 years after death.
Interested to hear other people's take on this.
Sal
Sal Mager | Senior Archivist
Shropshire Archives
Museums and Archives Team • Shropshire Council Castle Gates • Shrewsbury • SY1 2AQ
Tel: 01743 255357
Usual working days: Weds Thurs Fridays
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