The Information Tribunal has upheld the Information Commissioner's decision that an NHS trust was right to refuse to disclose a deceased individual's medical records (see Legal update, ICO rules against disclosure of deceased person's medical records). It agreed that the medical records were exempt from disclosure under section 41 of the Freedom of Information Act 2000, which provides that public authorities may withhold information if its disclosure would constitute an actionable breach of confidence. The Tribunal considered whether the public interest in disclosure outweighed that in maintaining disclosure, taking account of Articles 10 and 12 of the European Convention on Human Rights, but held that it did not. It also upheld the Commissioner's decision that, despite the absence of authority, the duty of confidence could survive the death of a person to whom the information related. Case: Pauline Bluck v Information Commissioner and Epsom & St Helier University Hospitals NHS Trust (as an additional party), 17 September 2007.