I don't think the Access to Health Records Act would apply in this case as I
don't think the authority could claim to be a person. I would refuse you on
this basis if the request came to the Trust I currently represent. It might
be worth asking legal opinion on this though.
However, I am not sure what local Government legislation may be in place to
enable you to issue a successful request.
I am doubtful the records would help you anyway, as the third party you are
seeking should be redacted out of the records, or asked for consent, so I
don't see how you could safely use the records to determine if a third party
was present in the household or not - at least not to be 100% sure.
I wondering allowed here, but can you tackle this another way, by getting
confirmation from other sources as to whether or not that person is recorded
as living there previously. I know there are major issues with using such
things as Council tax data, but maybe there is another way? Just thinking
aloud, now hoping that someone else ride in with a new idea.
Regards,
Simon Howarth.
-----Original Message-----
From: Tim Rodgers [mailto:[log in to unmask]]
Sent: 28 February 2006 17:41
To: [log in to unmask]
Subject: [data-protection] Local authority Access to Health Records of
deceased
All,
To what extent can a local authority be considered "a person" under Section
3(1)f of the Act? We have asked for medical details to confirm occupancy
of a property which is now occupied by someone claiming they lived with the
deceased. One PCT we've asked says we don't have a claim - one SHA says we
do and has sent the GP records. I do not know if this has revealed the
identity of prescence of any third party, or if there is one whether their
details have been reacted.
Clearly DPA doesn't apply to the deceased - would there be some duty on the
PCT to co-operate in revealing this information through the Access to
Health Records Act 1990?
All contributions gratefully received!!!
Thanks,
Tim
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