Access to Health Records under the General Data Protection Regulations 2018
The General Data Protection Regulations of 2018 in conjunction with the Data Protection Act 1998 gives every living person, or an authorised representative, the right to apply for access to their health records.
To comply with the terms of the General Data Protection Regulation, Schopwick Surgery has made changes to how we process requests for access to medical information, which are detailed below.
We will aim to process and complete your request within 28 days. On occasions, there may be delays with completing your request. If a situation arises and we are unable to complete your request within 28 days, we will notify you of the reasons to the delay.
We will not charge to release copies of your medical records unless your request is deemed excessive. A request will be deemed excessive if a patient requests full copies of their medical records on more than one occasion within a short period of time. The Practice will charge a £50 administrative fee for such requests.
We strictly advise that patients, who have obtained full copies of their medical records, make a full copy of the medical records and store them in a safe place for any future use.
Patients who have previously requested full copies of their medical records can request for updated copies of their medical records at no charge. This will include information and documents that have been added to the patient’s medical record since the initial request for a copy of the full medical record.
When solicitors and other third parties request copies of medical records on behalf of our patients, our Practice will contact you to confirm the following:
- We have received the request from the solicitor
- That you understand the consent you have provided to the solicitor and are happy for us to proceed with the request
- That your medical records will need to be collected from the Practice when ready -We no longer post these direct to the solicitors.
It is the responsibility of the patient to make sure that any copies of medicals records collected by the patient are sent to the solicitor.
We advise patients (who haven’t done so already) to register for patient online services. This will give you access to your detailed coded record as well as allow for you to view results, make appointments and request repeat medication. Please ask at reception for further details.
To request copies of your medical records and/or for access to your detailed coded record via patient online services, we will require valid photo identification. Please bring this with you when returning your completed forms.
In some circumstances, the Act permits the data controller to withhold information held in your health record. These rare cases are:
- Where it has been judged that supplying you with the information is likely to cause serious harm to the physical or mental health or condition of you, or any other person, or;
- Where providing you with access would disclose information relating to or provided by a third person who had not consented to the disclosure, this exemption does not apply where that third person is a clinician involved in your care.
If you have any complaints about any aspect of your application to obtain access to your health records, you should first discuss this with the clinician concerned. If this proves unsuccessful, you can make a complaint through the NHS Complaints Procedure by contacting the Practice formally.
Further information about the NHS Complaints Procedure is available on the NHS website at: www.nhs.uk
Alternatively you can contact the Information Commissioners Office (responsible for governing Data Protection compliance). Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Tel 0303 123 1113 or 01625 545 745 or www.ico.gov.uk/