Under Section 7 of the Data Protection Act 1998 and subject to certain conditions, individuals have a legal right of access to personal information held about them, including their health records. Requests for access to personal information are called Subject Access Requests.
Access includes:
The Act requires us to respond to a subject access request within 40 days of receiving it. However, the Department of Health recommends that we respond within 21 days of receipt.
There are two circumstances under which access may be denied or restricted:
The fee for providing a copy of a computerised record is £10. For health records held partially or fully on paper, the maximum charge (including copies of x-rays) is £50.
No formal application is necessary where a verbal request for access is made during an outpatient consultation or admission, and the health professional gives his or her consent. This is the preferred option for many patients.
Access to the health records of deceased patients is governed by the Access to Health Records Act 1990, and NOT the Data Protection Act 1998. The Department of Health produces a guide for access to health records requests.
The Information Commissioner enforces and oversees the Data Protection Act and can be contacted on the following number 01625 545 700.
To make a request to access your health records, please complete our application form. Please note we will need to confirm your identity before disclosing information or releasing photocopies.
For further information, please contact the Trust's Data Protection Officer and Health Records Manager.