Louise O'Reilly (Dublin Fingal, Sinn Fein)
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650. To ask the Minister for Health the options that are available for a family to obtain medical records on a deceased relative where the relative was being cared for in a private nursing home (details supplied); and if he will make a statement on the matter. [62281/22]

Mary Butler (Waterford, Fianna Fail)
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Under Section 21(3) of the Care and Welfare of Residents in Designated Centres for Older People Regulations 2013, all Nursing Homes and care providers are obliged to retain Health Information for 7 years. In the event that a person’s sensitive personal data has been lost or destroyed, this may constitute a breach of the GDPR, and the person(s) involved should raise their concerns with the office of the Data Protection Commissioner for their determination. Medical information, including that which may refer to a person’s family members and/or their genetic medical history, is considered to be sensitive personal data.

For further information, please refer to the DPC's website: www.dataprotection.ie.

The family may wish to make the Health Information and Quality Authority aware of their concerns about this matter. As a regulator, HIQA has no formal legal role in examining individual complaints. However, HIQA does take into account all information it receives, including complaints from the public, when carrying out inspections. If a concern is raised about a nursing home, HIQA reviews all information received to inform its on-going risk-based regulation activities. HIQA welcomes information in relation to designated centres that come within its regulatory remit.

The Office of the Ombudsman can also examine complaints relating to the administrative actions of nursing homes. The Office of the Ombudsman normally only deals with a complaint once the individual has already gone through the complaints procedure of the nursing home concerned. Contact details are available atwww.ombudsman.ie.