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Hi Naya
The common law of confidentiality would apply, if any of the data in the record was given in the expectation that it would be held in confidence then you should not provide it unless you have a very good reason to (you may be aware that records of deceased individuals have been requested under FOI and the ICO found that the exemption about information provided in confidence was applicable to a potential FOI disclosure).
It may also be the case that the husband has no legal right of access (if there is no other legislation providing this to him) and so any disclosure you choose to make would be voluntary.
There may be other context/sector specific regulation that others might be aware of?
Thanks
Adam
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Naya Jones
Sent: 16 July 2018 09:21
To: [log in to unmask]
Subject: [data-protection] SAR on behalf of Deceased (Not Medical Records)
Hi all,
I'm working in the private sector and have received a SAR request from a deceased persons husband. I understand the GDPR does not cover the deceased and we cant rely on the Access to Medical Records Act as we are not within a health care setting. Therefore how do we deal with this requested from a husband of a deceased ex member of staff.
Any tips / templates you could share would be much appreciated.
Many thanks
Naya
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