Changes to requests for copy medical records

As a patient, you have a right to see and obtain copies of your medical records (see our previous post https://armstrongfoulkes.co.uk/your-rights-to-access-medical-records/). However, with the introduction of GDPR and the Data Protection Act 2018, the rules surrounding such a request for copy records have changed.

Data Protection Act 2018

Under the new rules, a patient still has a right to request copies of their medical records and the procedure for doing so remains the same.  However, whereas before the organisation holding the records (such as a hospital or GP practice) could charge up to a maximum of £50 to provide copies, there should now be no charge unless the request is “manifestly unfounded or excessive”.  Therefore, in the vast majority of cases, you should be able to obtain copies of your records free of charge.

The new rules also provide that you should receive copies of your records more quickly than previously.  Under the old rules, a provider had 40 days to provide copies whereas this has now been reduced to 1 month from receipt of the request.

Access to Health Records Act 1990

The new rules only apply to request for copy records for a living person and therefore the rules relating to requests for records of someone who has died have not changed.  Such requests are still governed by the Access to Health Records Act 1990.  This act says that the person providing the records is entitled to charge a fee and there is no maximum amount.

We are always happy to speak to you if you need assistance or advice on obtaining your records or about any possible claim. Please feel free to call one of our specialist solicitors on 01642 231110 for a free no obligation chat.

Kathryn Watson – August 2018