Your health records
Who can apply to see health records?
The Data Protection Act 1998 governs access to health records of living people.
There are a number of people who can apply to see a patient's health record including:
- The patient.
- Anyone authorised in writing by the patient.
- Anyone who has a parental responsibility of the patient if under 16.
- Anyone appointed by the Courts to manage the patient's affairs.
- The patient's representative when a patient has died.
A patient may be charged to view their health records or to be provided with a copy of them. The maximum charge to be provided with a copy of the records is £50 including any postage or processing charges.
Any request for health records must be made in writing or electronically to the data controller i.e. your GP for GP records or the Records Manager at the hospital, for hospital records.
What about employers and insurance companies?
One of the biggest and understandable concerns gay and bisexual men have about access to their medical records is access by employers and insurance companies, however, an employer or insurer can not contact your doctor without your written consent.
If your doctor writes a report for an employer or an insurance company, you have the right to see the report before it gets sent. If you disagree with what is in it or if you are unhappy about its content you have the right to stop it from being sent.
Why would I not be able to see my health records?
There are three reasons why your request to view your medical records would be refused.
- When there is good reason to believe that the information may cause you or somebody else physical or mental harm.
- When the record has information given by someone other than a health professional, unless their permission has been given.
- When it is believed that a patient under 16 cannot understand what the application to see their records means.
What if I disagree with what is written in my records?
If you think the factual information is wrong, you can ask for it to be changed. The first step is to talk to the staff member involved to discuss your concerns and ask for the information to be amended. If this is unsuccessful, then you can complain through the NHS complaints procedure in an attempt to have the information changed or erased. You can not change anything in the records yourself
You may also find some things in your medical records that are correct but you would rather them not be included. If this is the case, discuss the possibility of removing the information with the health care worker. There is no guarantee they will remove the information but it is certainly worth asking them.
