Making a Subject Access Request
Introduction
The Data Protection Regulation (GDPR) 2018 gives every living person (or authorised representative) the right to apply for access to their health records.
To make a request for a copy of your medical notes
A request for a copy of your medical health records held at Dr Richardson and Partners must be made to the practice via telephone or in person at reception. Once we have prepared your notes we will contact you to come in and collect them. At this point you will need to bring in some form of photographic identification (passport, driving licence) and you will be asked to sign a disclaimer before taking the copies away.
Costs
Under the Data Protection Act (GDPR) 2018 (Fees and Miscellaneous Provisions) we are no longer able to charge a fee for providing copies of your medical record. However should anyone make repeated requests for the same notes, which we would deem excessive then charges would be levied to cover cost of materials and admin time.
To allow you to view your health record (where no copy is required)
If you only wish to view your medical record then you can apply to have access to online services. Once registered you will then be able to view your online “read coded” record which includes test results, diagnosis etc. as well as order repeat medication and book appointments with your GP. If you wish to apply simply attend the surgery wit some form of photographic id and complete the necessary form. Access will then be granted within 7 days and an username and password posted out if needed. All patients aged 13 years and upwards must apply to have their own online registration. Parents are no longer able to have proxy access to children and young people aged 13, 14 and 15 years old.
If you wish to view your “full record” including historical paper notes you will need to arrange a meeting with your GP (normally after a morning or afternoon surgery) and he/she will go through them with you.
Exemptions
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.
When making your request for access, it would be helpful if you could provide details of the time-periods and aspects of your health record you require (this is optional, but it may help save practice time and resources)
Subject access requests – third parties
If a third party, such as a solicitor, requests a copy of your medical notes we will no longer provide them direct. As we are no longer able to charge a fee for providing this we are unable to incur the substantial postal costs required to send them on top of the cost of materials and admin time. We will therefore write to the patient direct informing them that a copy of their medical notes have been prepared for the third party and that they will need collecting from reception. It will then be the responsibility of the patient to send the notes to their solicitor/third party at their own risk and cost. We advise all patients sending copies of their medical records to a third party to do so via signed for recorded mail. We will inform the company of this procedure.