On Mon, 10 Jan 2005 10:31:18 +0000, Tom Devenish
<[log in to unmask]> wrote:
>I understand that health records are subject to Access to Health Records
>Act 1990, is their ant legislation or s.i. relating to deceased subjects?
Not as far as I'm aware - but we take the view that the common law duty of
confidentiality extends beyond death. We would not disclose information to
family / friends or others any differently whether the person was alive or
deceased - we would still consider whether confidentiality applied or was
outweighed by the public interest.
Also, we'd take account of any preferences expressed by the deceased whilst
still alive - like that they were happy for their personal information to
be shared with their partner but not with their parents or adult children,
etc.
The Access to Health Records Act 1990 is quite restrictive on who can
disclose (various health professionals) and to whom (patient's
representative). Not all medical information can be disclosed, mainly
applicable to information regarding the cause of death. So seems mainly
intended to assist the family & dependants to understand cause of death and
presumably make a case for compensation in the event of medical negligence?
I awas surprised that disclosure of personal information about deceased is
not exempt under FOIA though, becuase it was exempt under the Code of
Practice on Access to Government Information.
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of CSCI nor constitute legal advice.
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