ACCESS TO HEALTH RECORDS

All manual and computerised health records about living people are accessible under the Data Protection Act 1998. Access must given equally to all records regardless of when they were made. Its provisions supersede the previous rights of access under Access to Health Records Act 1990. Set out below is a brief summary of the main points of the Act. There is an application form for you to complete if you wish to apply to access medical records at Newburn Surgery.

Who can apply for access?
Patients may apply for access to their own records, or may authorise a third party, such as their lawyer, to do so on their behalf. Parents may access to their child's records if this is in the child's best interests and not contrary to a competent child's wishes.

Are there any exemptions?
Yes, the main exemptions are that information must not be disclosed if it is likely to cause serious physical or mental harm to the patient or another person; or if it relates to a third party who has not given consent for disclosure (where that third party is not a health professional who has cared for the patient).

Must copies of the records be given if requested?
Yes, patients are entitled to a copy of their records, for example a photocopy of paper records or a print out of computerised records.

Can a fee be charged?
Yes, and the fee varies depending on the type of record and whether the patient wants copies of the records or just to see them.

To provide access and copies:
- records held totally on computer: £10
- records held in part on computer and in part manually: a reasonable fee of up to £50
- records held totally manually: a reasonable fee of up to £50
To allow patients to read their records (where no copy is required):
- records held totally on computer £10
- records held in part on computer and in part manually £10
- records held totally manually: £10 unless the records have been added to in the last 40 days when no charge can be made

Applications for access
Nothing in the Act prevents doctors from giving patients access to their records on an informal and voluntary basis provided no other provisions of the Act preventing disclosure are breached. Formal applications for access must be in writing and accompanied by the appropriate fee.

Time limits for giving access
Access must be given promptly and in any event within 40 days of receipt of the fee and request.

If you would like to look at your medical records held at Newburn Surgery please complete the application form and return this sheet to the surgery marked "For the attention of Mrs Gwen Taylor, Practice Manager". Mrs Taylor will then speak to the appropriate doctor and contact you either by telephone or in writing. Your application will be dealt with promptly.

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