GDPR – Requesting Copies of Your Medical Record
The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals. The handling of requests for copies of medical records is important to be in keeping with legal requirements.
Under the GDPR there are certain circumstances in which the record holder may withhold information. Access may be denied, or limited, where the information might cause serious harm to the physical or mental health or condition of the patient, or any other person, or where giving access would disclose information relating to or provided by a third person who had not consented to the disclosure.
We hold either computer records only, or a combination of paper and computer records.
You can apply for online access to your computerised medical records which may meet your requirements without having to make a formal request. Please complete an application form and submit this to us with photographic ID, proof of your identity and a utility bill to confirm your home address. We can set you up on our system and you can then download what is already stored on our database subject to your application being approved. If you want to know more about online access please ask our reception team for more information.
Requests in Support of 3rd Party Decision
If you require copy of your record to support a 3rd party decision then normally a summary print off of your record will suffice. 3rd parties such as PIP will request further information if required. If you wish to request such a summary please attend the practice with photographic ID and request a summary off reception. Reception will document the request, check your identity and handle your request. If you wish for anything other than a summary print off a full request must be made. this may take 28 days to process, depending on the complexity of your request and the size of your medical record.
Formal Request for Copy of Record (SAR/ TSAR)
To make a formal request for a full or targeted copy of your record you must complete a request form. This can be obtained either from reception or from the link below:
No charge will be made and we will process your request and provide you with the information you seek within 28 days. If we are unable to process it during this time we will let you know within the 28 days when we are likely to be able to and agree the additional time required to undertake this work with you.
Complaints about any aspect of an application to obtain access to health records should be discussed firstly with the practice. If this avenue is unsuccessful a complaint can be made under the NHS Complaints Procedure. Having followed this procedure and being dissatisfied with that outcome of the investigation a person does have the right to take their complaint to the Health Services Ombudsman or, as a last resort, to court. Alternatively, a person has the right to complain to the Information Commissioner, formerly the Data Protection Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (tel: 01625 545700 or https://ico.org.uk/concerns/handling/)
On this consent form, it is optional whether you declare the reason for your request to access your records. However, due to the increased demand on access to health record requests, it would be helpful if you could provide details of the periods and parts of your health records you require. This will save time and resources of the practice.
Finally, please ensure you have filled in the details on the attached consent form and sign it. You may wish to keep a copy for yourself.