Before you make a request
There is no specific legal right to access information we hold relating to deceased individuals.
Generally, the right to access personal data is provided by data protection legislation but those laws do not apply to the deceased.
We understand that there are times where those connected to the deceased may have a legitimate interest in accessing the information we hold about them.
Any request we receive to access information about a deceased person will be considered individually, taking account of the specific circumstances of that case.
To access your own personal data, please make a subject access request.
Who can make a request
We will consider requests from anyone who has a legitimate interest in accessing information about a deceased person.
When determining if someone has a legitimate interest in accessing this information, we will consider the following:
- Personal representative – this is a person who is entitled to administer the estate of the deceased person under the law relating to wills and probate. Personal representatives are also known as the ‘executor’ or ‘administrators’ of the estate.
- An individual who held a Health and Welfare Lasting Power of Attorney for the deceased person when they were alive.
- An individual who held a Financial and Property Affairs Lasting Power of Attorney for the deceased person when they were alive (although they would only be entitled to information about paying their bills, collecting their benefits, or selling their home).
- An individual who was a Personal Welfare Deputy for the deceased person when they were alive, providing the request does not go against any decision made by an attorney acting under a Lasting Power of Attorney.
- An individual who has proof that they have a claim arising from the deceased individual’s death.
- There is sufficient evidence to support the assumption that the deceased individual would have given their consent to the release of their personal information if they were still alive.
If one or more of the above criteria can be met, the request will then be considered in detail by the service.
How to apply
If you are seeking access to information relating to a deceased person contact the service you believe holds that information in the first instance.
When making your request, it would be helpful if you could provide the following information:
- In relation to the deceased:
- Name
- Date of Birth
- Date of Death
- Last known address
- Any unique reference numbers/identifiers that will assist us to identify the correct record.
- A copy of the death certificate or other confirmation that the person has died such as a letter granting probate or letter of administration.
- Evidence of your relationship to the deceased person that supports your legitimate interest in accessing their information.
- If it is known to us that there is more than one personal representative, you may be asked to provide a signed letter of authority from others confirming their agreement for information about the deceased to be released to you.
- A detailed description of the information that you are seeking access to and why it is required.
What happens next
The service will consider your request and determine what information can be shared with you.
We will provide you with a written response setting out what information we can provide and where applicable an explanation of what we cannot share.
When determining what information can be provided in response to your request, we will consider:
Express refusal by the deceased individual
If we hold evidence that records a clear wish by the deceased regarding who could or could not have access to their data when they were alive, we must take that into account when considering a disclosure.
Information accessible by other means
For example, where an open session at a court or inquest has been held this would not need to be disclosed.
Although there is a presumption that most personal information in social care records is confidential some may already have been made public. For example, the cause of death is included on the death certificate which is a public document.
Personal data
Information relating to a deceased individual may also contain personal data relating to others known as third parties. Third party data may relate to relatives, carers, other users of our services, staff, and other professionals.
The use of personal data relating to living individuals is governed by data protection legislation. Information of this nature will not be made available to you if doing so breaches our data protection duties.
Confidentiality
Most requests we receive for access to information about deceased individuals concern information that is inherently private in nature, especially where it is contained in social care records. Information we hold about deceased individuals may attract the common law duty of confidentiality.
If we believe that disclosure of the deceased’s information would likely to give rise to an actionable breach of confidence then the request may be refused.
Decisions made in previous legal cases have established that the duty of confidence continues after death and that this can be transferred to the personal representative.
If we can establish, in principle, that a personal representative might exist who could take legal action against any breach of confidence the request may be refused.
Health Records
Access to medical or health records relating to a deceased person is governed by law.
This legislation does not apply to the council so to gain access to this information you will need to contact the deceased’s GP or relevant health professional involved in the deceased’s care.
Freedom of Information Act (FOI)
Any information that would be exempt from a disclosure under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004 is likely to be withheld.
If you are not happy with the way that your request has been handled, you can make a complaint.