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Accessing your health records

 

 

Accessing your health records

 

Health Records Management provides guidance for all departments within Wirral Community NHS Trust to ensure compliance with the Department of Health Records Management: NHS Code of Practice.  

 

Download Protecting Privacy Leaflet or Protecting Privacy - Easyread 

  

What are health records?


These are records which:

  • Consist of information relating to the physical or mental health condition of an individual, and
  • Have been made by or on behalf of a health professional in connection with the care of that individual.

 

Your rights

 

All patients have the right to see their own health records under the Data Protection Act 1998. In addition, personal representatives of deceased patients and any person who has a claim arising from the patient's death may have access to the records under the Access to Health Records Act 1990

Patients should note that access to their health records is exempted under the Freedom of Information Act 2000, and that the process and timescale for completing applications under the Data Protection Act 1998 is different. The Trust has 40 days in which to complete most applications.

 

There are two ways by which patients may access their own health records. Firstly, there is a formal request made following discharge from the relevant service, whereby the patient can receive a copy of the records. This must be made in writing by completing and returning an application form to the Trust.  Secondly, there is informal request process that can be made by the patient at the time of treatment.

 

Under the Data Protection Act 1998, the following persons can have access to their records held by Wirral Community NHS Trust in accordance with the Trust's Records Management Policy:

 

  • The patient
  • A person authorised in writing to make an application on the patient's behalf
  • A person with parental responsibility when the patient is a child
  • A person appointed by the court to manage the patient's affairs because the patient is incapable (the Receiver as appointed by the Court of Protection)
  • Where the patient has died, the patient's personal representative(s) and any persons who may have a claim arising out of the patient's death.

 

Exceptions to access


The Trust has the right to deny access to a patient's health records if one of the following conditions apply:

 

  • If in the Trust's opinion, based on the assessment of the healthcare professional in charge of the care, access would disclose information likely to cause serious harm to the physical or mental health or condition of the patient or to any other person
  • If giving access would disclose information which would identify information by or about a third party (this does not apply if the individual concerned has given their consent).

 

How to apply for access to your own health records

 

Download the ‘Request for Access to Health Records' application form. Notes to assist in the completion of the form can be read here.

 

Applications should be made in writing using the application form. The completed form should be sent to:

 

Access Request

General Office

Victoria Central Health Centre

Mill Lane

Wallasey

CH44 5UF

 

Tel: 0151 604 7592

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Charges

 

Request for health records made under the Data Protection Act 1998

 

  • Copy Health records: £20.00 plus 40p per copy (Maximum of £50.00)

 

These charges include postage and packing.

 

Last Updated: Wednesday, 18 October 2017 14:15

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