Information Commissioner's Office

Dr IM Gilmour

8 August 2007, Health (Doctors)

The complainant made a request for a copy of the complete medical records of a deceased patient of the surgery. This request was originally made by reference to the Access to Health Records Act. The public authority refused the request on the basis that the complainant had not provided evidence that the personal representatives or executors of the deceased patient had given consent for the information to be disclosed to him and the information was confidential. It also pointed out that the family of the deceased had expressly refused consent to disclosure of the information. In refusing the request the public authority failed to consider the request as a request for information under the Act and in doing so it therefore breached section 17 of the Act. However the Commissioner has concluded the information was exempt by virtue of section 41 of the Act.

FOI 17: Upheld