DPA is out of the window - common law duty of confidence has been brought in
to try to deal with the rather unattractive proposition that dead people's
sensitive data are up for grabs. Therefore s41 FOIA is likely to be engaged:
see the Tribunal ruling in EPSOM & ST HELIER UNIVERSITY NHS TRUST,
EA/2006/0090. See also a personal representatives rights of access to this
data under Access to Medical Records Act 1990 - most of this has been
repealed but the personal rep has rights of access and other person also if a
claim in negligence is at stake.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Rogerson
Sent: 21 September 2009 11:20
To: [log in to unmask]
Subject: Re: [data-protection] Access to medical records of the deceased
Are dead people's records covered by the DPA? Do data subjects have to be
living people? If both are the case then what law is bein used to protect
access to dead people's records. If they are held by a public body couldn't
access be gained using FOI?
Simon
On Mon, 21 Sep 2009, Donald Henderson wrote:
> None whatsoever (unless the mother gave the daughter rights - mandate
> or power of attorney)
>
> Donald Henderson
> Information Compliance Manager
> Perth & Kinross Council
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
> Sent: 21 September 2009 11:12
> To: [log in to unmask]
> Subject: [data-protection] Access to medical records of the deceased
>
> Does anyone know what rights a person (in this case daughter) would
> have to the medical records of her deceased mother ?
>
> Thanks
> Brenda
>
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