Tag Archives: GDPR

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

General Data Protection Regulations (GDPR)

To run a case Lawyers collect and process a lot of information on clients including some personal data e.g. date of birth, email address, national insurance number, passport or driving licence number etc.  We also share this data with others e.g. experts we instruct, the Barrister on the case, the Defendants solicitors etc.  We have to do this or we couldn’t pursue the claim.

The law is changing on 25 May 2018.  This is when the General Data Protection Regulations (GDPR) comes into force.  It impose obligations on all organisations (not just us Lawyers) to look after this personal data safely, process it lawfully and restrict its access by others.  Clients have the right to see this data and have it deleted at any time, although insisting on deletion whilst a case is ongoing would of course not be practical.

I think GDPR is good news for all of us.  It should ensure that our personal data is looked after more securely by all organisations and not passed on or sold to others without our specific consent.  I am hoping the amount of spam emails and the unsolicited calls and texts we are all plagued by at the moment substantially reduces.  Fingers crossed, although I am not holding my breath!

Hilton Armstrong – June 2018