Access to Healthcare Records
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
  • 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.

How you apply?
  • Your request must be made in writing (including electronically) using the application form:

Application for Information (Health Records Form) Click here to download this file
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  • 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.

How much will it cost?
  • 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 

Exceptions

Access will not be given in the following circumstances:
  • 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.

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:

Information Governance
Corporate Governance Office
Newcourt House
Newcourt Drive
Old Rydon Lane
Exeter
Devon
EX2 7JQ
  
Tel: 01392 205205

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