Press release from the ICO:
Epsom and St Helier University Hospitals NHS Trust right to refuse access to patient’s records under FOI
Epsom and St Helier University Hospitals NHS Trust was right to refuse the disclosure of a deceased patient’s records under the Freedom of Information Act, the Information Commissioner has ruled.
The Trust refused the request for information relating to the health records of a deceased individual on the grounds that a duty of confidence was owed to the deceased and that this should survive the person’s death (as covered under Section 41 of the Act). The Commissioner also ruled that some of the requested information was subject to legal professional privilege (as covered under Section 42 of the Act).
The Freedom of Information Act is not intended to allow people to gain access to private, sensitive information about other individuals.
Read the Commissioner’s full decision notice on this case