Your Rights of Access
The rights of access to the health records of living, but not dead, people are set out in the Data Protection Act 1998. Since 1 March 2000, patients have been able to request access to all of their records, regardless of when they were made.
How to Apply
Applications for access to health records must be made in writing and accompanied by the appropriate fee. A GP must then review the entire record to ensure that any disclosure would not be likely to cause serious physical or mental harm to the patient or another person, and that the record does not include reference to a third party who has not given consent for disclosure of the information (unless that third party is a health professional). Access will be given as promptly as possible, and no later than 40 days from receipt of the request. Your right to access will last 6 months provided that the GP is content that the above conditions are met. After 6 months you will have to make a fresh application.
Amending your Records
If you wish to amend something in your records which you feel is incorrect you must discuss the matter with a GP. If the GP agrees that the record is inaccurate then the necessary corrections will be made. If the GP does not agree that the record is incorrect, the record will not be amended but a note will be made in the record of your comments. We will then provide an updated copy of the record.
Access by Others
Relevant parts of your medical records with be shared with other health professionals as part of providing your care (for example in referral letters to hospital specialists). Access to your medical records will not be granted to any unauthorised person without your written permision. To protect patient confidentiality, requests from third parties (e.g. Solicitors & Insurance Companies) will only be acted on with the signed permission of the patient.
Deceased Patients
Any person with a claim arising from the death of a patient has a right of access to information which is directly relevant under the Access to Health Records Act 1990. Exemptions to this are that information may be withheld if it identifies a third party without that person’s consent (unless the third party is a health professional), that in the opinion of the GP disclosure is likely to cause serious harm to somebody’s physical or mental health, and where the deceased patient has requested that information would be kept confidential. Access to the records will be given promptly, within 21 days (if the records have been added to in the past 40 days) or in any event within 40 days.
