Result of the resolution: Upheld
the complaining person has the right to accessing the medical data of the welfare report of its deceased grandmother, to consider the regulatory sanitary regulations applicable upward from access to the clinical history on the part of relatives and persons linked to the deceased person. Regarding the data contained in the welfare report and that do not fit in the clinical history, the right of privileged access of the linked persons foreseen to the legislation of health is not applicable. It would be necessary then to public information to apply the regime of general access, without in principle the limit of the data protection being applicable to affect a deceased person, but it is necessary to the Law 10/2001 to take the enlargement of the protection into account at 25 years beyond the foreseen death for data that affect the privacy or the honor, among others.