People are often confused about how to access medical records especially those of the deceased. When I worked for the NHS it wasn't unknown for people to request the medical records of the deceased quoting the Data Protection Act 1998. Unfortunately, the Data Protection Act 1998 only covers the data of living persons. So, if you feel there is a good reason why you should access the health records of, say a deceased relative, how should you go about this?
People sometimes think that if they can no longer access the notes of the deceased via the DPA Act 1998 then they can take the route of the Freedom of Information Act 2000 instead. Although there are no specific exemptions regarding the deceased, it is likely it will be made exempt under the provisions of the confidentiality exemptions (FOI). If someone wishes to access the health records of someone who died after 1991 then they can access them via the Access to Health Records Act 1990 under section 3 (1) -
Access to Health Records 3 (1) :-
(f) where the patient has died, the patient’s personal representative and any person who may have a claim arising out of the patient’s death.
If you have a claim arising out of the patient's death or you are a personal representative of the patient then you may be allowed access to the deceased person's notes. However, you would in all likelihood have to provide proof of this.
"To see a deceased person’s health records, applicants may be required to provide
evidence to support their claim and may need to provide evidence of their
identity."
Further advice can be found at NHS Choices :-
http://www.nhs.uk/chq/Pages/access-to-medical-or-health-records-of-someone-who-has-died.aspx
