Just to chip in, my view is that although technically you are correct that a disclosure under FOI is a disclosure to the world at large the fact that the requester is the PR of the deceased means they are entitled to request the data under the Access to Health Records Act, (taking the request outside of the FOI arena) but subject to any specific request recorded from the deceased that some/certain information should not be disclosed. Having verified that the requester is the PR then you wouldn't disclose the information by any publicly accessible mode (ie the whatdotheyknow.com website) but would disclose it securely either by hand or recorded delivery. If the PR then puts the information into the public domain thats up to them. S41 only really comes into consideration if the requester is not the PR.
I have done a lot of research on this area and the guidance and decisions seem to suggest that you can rely on section 41 unless the requestor is the PR of the deceased as then you do not satisfy the element of "actionable breach of confidence". However, the problem I have with this is that when you release information under FOIA you release to the "public" as opposed to the requestor. So do such disclosures really fall within the framework of FOIA ? If you considered that you were releasing to the public as opposed the PR then section 41 would clearly be met.
Hope you understand my dilemma
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