Can I access a deceased family member’s medical records in Malta?

Access to a deceased person's medical records is generally more restricted than the deceased individual's own right of access would have been while alive, since data protection principles under GDPR primarily protect the rights of living individuals, meaning a surviving family member does not automatically have the same unrestricted right of access that the deceased themselves would have held, though Maltese law and healthcare provider policies do generally recognise certain circumstances in which family members, particularly close next of kin, executors, or those with a genuine and legitimate interest, such as needing records to pursue a medical negligence claim relating to the death, can request and be granted access to relevant records. In practice, the healthcare provider holding the records would generally need to properly assess your specific request against applicable legal and ethical frameworks, and providing clear context for why you're requesting the records, such as needing to understand the circumstances of death or investigating a potential negligence concern, can be relevant to how your request is considered, though you should be prepared for the possibility that access may be more limited or conditional than it would have been for the patient themselves. Given the sensitivity and potential complexity of accessing a deceased relative's medical records, particularly if you're doing so because you have specific concerns about the care provided, it would be worth involving a lawyer early in this process, both to help properly formulate and support your request and to advise on your broader options if your concerns suggest a potential negligence claim.