Thomas Gould (Cork North-Central, Sinn Fein)
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2580. To ask the Minister for Health the way in which a person whose family member resided in a private nursing home can access their records. [40981/25]

Kieran O'Donnell (Limerick City, Fine Gael)
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As the Deputy may be aware, the legal position for accessing the care and medical records of deceased persons is complex. A person’s right to confidentiality must be always respected, and in the case of nursing home residents, the nursing home is obliged to respect this right when they are alive and after their death. Furthermore, the right to access a copy of care and medical records in accordance with Recital 27 of the General Data Protection Regulation (GDPR), does not apply to the personal data of deceased persons.

Similarly, access to medical records under the Freedom of Information Act 2014 applies to public and prescribed bodies only and this currently does not include private nursing homes. Responsibility for medical records and decisions in relation to the sharing of those records rests with the nursing home itself.

I appreciate that there are times when families wish to access the care and medical records of their loved ones, and that there isn’t always a formal accessible process for seeking this information. It is incumbent on nursing homes to do their utmost to facilitate requests for records where appropriate, and if the nursing homes are unable to release records, they should facilitate the family's request for information and answers to their questions. These requests should be managed compassionately by the nursing home, whilst cognisant of the legal restrictions and the resident's right to confidentiality after death.

It is recognised that this area can be challenging for families, and the Department of Health is currently finalising a best practice guidance document on access to deceased resident’s records for the sector. This has been developed in collaboration with nursing home providers, advocacy groups, the Ombudsman, and other relevant stakeholders. The guidance will be available later in the year and aims to help families and nursing homes resolve issues locally.

If the matter is not resolved locally, families must be made aware of the different formal avenues that they can pursue, which include the formal complaints route and if necessary, the Ombudsman. Details of both local and formal options will be outlined in the guidance document.