Under the Access to Healthcare Records Act 1990 and the Data Protection Act 1998, all patients have a right to request access to all their Healthcare Records. Persons wishing to access the records of a deceased individual may do so under the terms of the Access to Medical records Act 1990. For more information please see the information commissioners’ website
Who can apply?
As the data subject, you may authorise another person to apply on your behalf. Should a parent/guardian wish to apply on behalf of their child, access will be granted by the health professional in charge of the clinical care, if deemed in the best interest of the child.
Access to Child’s Healthcare Records:
If the patient is under the age of 16 and the Trust agrees that disclosure would not be detrimental to the physical and/or mental well being of the patient access may be granted to a parent or guardian.
Dependant on age and/or understanding of the Child, they may be asked whether they agree to the release of their records
Access to a Deceased Persons Healthcare Records
How you apply?
Access to a deceased patient’s records may be granted if written consent is obtained from the patient before death, or if the applicant has been named in the patient’s records as a next of kin or named executor of the estate.
For deceased patients where no written consent is available access to records may only be granted to an authorised third party.
Your request must be made in writing (including electronically) using the application form:
How much will it cost?
You will be asked to indicate what data you require, i.e. all data held by this organisation
You must supply at least two items of identification (either to identify you or the person acting on your behalf), a copy of either a Driving Licence, Passport or Birth Certificate
Evidence of a Court of Protection order (Enduring Power of Attorney) or Lasting Power of Attorney (that complies with s.10 Mental Capacity Act 2005) must be provided before information will be released to a third party where the third party is acting on behalf of a patient who does not have the capacity to consent to the release of their information. It will be up to the health professional concerned to decide whether full access to the entries may be given to you.
A copy of your computerised records - £10 maximum
A copy of your manually held (paper) records - £50 maximum
To view your records by attending their location – No fee
Access will not be given in the following circumstances:
Under the terms of the Data Protection Act 1998, upon receipt of your completed form and any fee payable to NHS NEW Devon CCG will have a maximum of 40 calendar days in which to adhere to your request to access information.
For any further information please contact:
Where the holder of the record is not satisfied that the applicant is acting with the patient’s permission
Where the health professional concerned believes that access would cause serious harm to the physical or mental health and wellbeing of the patient (or any other individual)
Where the information in the record relates to another person or was provided by another person, who is not the applicant but who may be identified from the record.
Corporate Governance Office
Old Rydon Lane
Tel: 01392 205205