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Box Surgery

Data Protection Act

Under the Data Protection Act 1988 - Individuals' Rights (Right of Subject Access)

  1. Patients have the right to see their files.
  2. Requests must be made in writing and include sufficient information to enable us to undertake the search required (i.e. name, address and date of birth). We may require you to produce evidence of identity.
  3. We are entitled to receive the appropriate fee in advance of providing the information.
  4. We must comply with a request within 40 days of receipt of the written request and the fee.
  5. Non-compliance by us is an offence.

Patient access is limited in the following cases

  1. Where giving full access would be likely to cause serious harm to the physical or mental health of the patient or another person.
  2. Where giving access will disclose information about individuals other than the patient and who can be identified from that information (unless specifically permitted by that individual).

The following people can apply to see health records

  1. The patient.
  2. A person authorised by the patient in writing.
  3. A person in loco parentis.
  4. A person authorised on behalf of the patient in writing.

When requests are made for information these have to be considered by a doctor and then processed by our Administrative Staff. We charge on a cost recovery basis and within the rules laid down by the Data Protection Act 1998. The following charges will apply

  • For copies of computerised records ONLY an inclusive fee of £10.
  • Where copies of manual health records are required a fee of £10, plus copying costs of 40p per sheet, plus postage.

The Data Protection Act 1998 covers requests for information about people who are alive. Where the patient is dead the Access to Medical Records Act 1990 applies. Under this Act, access is restricted to records dated on or after 1 November 1991 and a fee of £10 applies.

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