Data protection law does not apply to the personal data of deceased persons. However, a particular data controller, for reasons of goodwill, may choose upon request to supply data relating to a deceased person to a relative. Should this occur, care must be exercised by the relevant data controller when such data is being disclosed to ensure that it does not disclose the personal data of third parties.

If the data controller refuses the request, the Data Protection Commission (DPC) cannot compel the controller to comply with the request as data protection law does not extend to the processing of personal data of the deceased.