ICO The complainant requested that Cambridgeshire and Peterborough NHS Foundation Trust should provide her with all the information it held in relation to her deceased mother. The Trust confirmed that it held a health care file but refused to disclose it under section 41(1) of the Freedom of Information Act 2000. The complainant argued that the information should have been refused under section 21 of the Act as she believes she should have access to the information under the Access to Health Records Act 1990. The Trust does not consider that the complainant is the personal representative of the deceased and has the right of access to the health care file under the AHRA. The Commissioner finds that the Trust was correct to apply section 41(1).
Section of Act/EIR and Finding: FOI 41 – Complaint Not upheld
Citations:
[2011] UKICO FS50328157
Links:
Statutes:
Freedom of Information Act 2000 41(1), Access to Health Records Act 1990
Jurisdiction:
England and Wales
Information
Updated: 31 January 2022; Ref: scu.530712