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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