"Out-Law" recently published the following:-
A dead woman's medical records should not be released because a duty of confidentiality survives her death, the Information Tribunal has ruled. The decision backs an earlier ruling by the Information Commissioner.
However if the next of kin has a "claim" can he/she legitimately access the deceased records even though the deceased gave explicit instructions to the contrary when still alive? Also can you expand on what constitutes a "claim" and does it matter if the "claim" is against my organisation or any other organisation?
Also who can legitimately access the records if no "claim" is involved (e.g. is it only next of kin or can it be other familiy members?)and the deceased did not indicate whilst alive that he/she didn't want the records accessed.
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