Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to ensure that next of kin can swiftly access medical records of deceased relatives from (a) Yorkshire Ambulance Services NHS Trust and (b) other NHS trusts.

The Access to Health Records Act 1990 sets out the rights that individuals may have to access the health records of someone who is deceased, and applies to records made on or after 1 November 1991.

While the UK General Data Protection Regulation does not apply, the common law duty of confidentiality still applies to the health and care records of the deceased. A relative can contact the health organisation and request access, and that organisation will carefully consider the request before reaching a decision.

National Health Service organisations will not always grant access, and will need to take into account, for example, any wishes expressed by the individual before their death. Relatives should still receive a response within 40 days of making the request, and there is a set time limit.

There is clear guidance for NHS staff, information governance specialists, and the public available to ensure a common understanding of how to request information and how the NHS should respond, which available at the following link:

https://transform.england.nhs.uk/information-governance/guidance/access-to-the-health-and-care-records-of-deceased-people/#ig_professional