Access to Medical Records

Question 1

What legislation allows patients to view their own medical records?

Answer 1

• Data Protection Act 1998
• Access to Health Records Act 1990

Question 2

What are the key principles of the Data Protection Act & The Access to Health Records Act?

Answer 2

• Patients have a right to see what is written in their medical record
• Competent children may seek access to their records
• Parents may request access to their children’s (< 16 years) records
• Doctors should not release information they feel may damage a patients emotional or physical health
• Following the Data Protection Act access to medical records should be given within 40 days. This is the legal timeframe, however Department of Health policy states that access should be given within 21 days
• A fee may be charged