Is it ever possible to get someone elses medical records?

Fistycuffs

My partner has a health condition that could be genetic in nature. She has been estranged since birth from her biological father, the man does not so much as acknowledge her. This man's name is on her birth cert and there is no doubt about paternity.

Recently my partners doctors are telling her it would be highly advisable to get information regarding her genetic medical background. We've approached her father and explained in a letter how important this is but he will not give one inch where she is concerned.

Is there any legal way to force this information to be revealed? Could she apply to have an overview of his medical records done in order to find out if there's anything she needs to be concerned about?

It feels incredibly unfair that she can't have this simple information somehow. If there's a case for it being medically important would it be ground for any freedom of information access to his records?
Her parents were married and there is another child of the relationship if that is relevant.

Mr. Incognito

She has the condition.

The genetic factor is to advise on consequences for third parties

The simple answer is no. You cannot get anyones medical information without their consent.

Freedom of information only applies to public bodies. Not peoples personal medical records.

Fistycuffs

Mr. Incognito wrote: »

She has the condition.

The genetic factor is to advise on consequences for third parties

The simple answer is no. You cannot get anyones medical information without their consent.

Freedom of information only applies to public bodies. Not peoples personal medical records.

Thank you.
If there was a case for advising on consequences for a third party, like the other child and their children, could they apply to do it, is it just a no across the board, even in cases of something like adoption ?

Mr. Incognito

Fistycuffs wrote: »

Thank you.
If there was a case for advising on consequences for a third party, like the other child and their children, could they apply to do it, is it just a no across the board, even in cases of something like adoption ?

No across the board

Its THEIR private medical information.

You never have a right to it period.

You can refuse breath samples and blood samples. Guilt can be inferred from that but even in criminal proceedings you cannot be forced to give it over without your consent.

ohnonotgmail

Fistycuffs wrote: »

Thank you.
If there was a case for advising on consequences for a third party, like the other child and their children, could they apply to do it, is it just a no across the board, even in cases of something like adoption ?

You have no right to the personal information of somebody else. They need to work on persuading the father.

nim1bdeh38l2cw

The only time you could access it is if the data subject was dead. GDPR does not apply to dead people.

Victor

Oakley Most Quicksand wrote: »

The only time you could access it is if the data subject was dead.

Even that can be difficult, as the information was likely given in confidence.

There was a case on this point involving, the Rotunda Hospital. I think this is the case.

http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/E6C392EBD0578C53802578D20038B91B/$FILE/Rotunda%20Hospital%20v.%20Information%20Commissioner.pdf

There was talk of a 100 year rule.

notsoyoungwan

Oakley Most Quicksand wrote: »

The only time you could access it is if the data subject was dead. GDPR does not apply to dead people.

The principles of medical confidentiality do though.

I don’t see any way that his records can be accessed to give this information.

patsypantaloni

To date I don’t know of any basis on which to get the records but I think this case is ongoing in England which may be of interest
https://www.bmj.com/content/357/bmj.j2433