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Accessing your health records

 

 

Accessing your record

Download  Protecting Privacy Leaflet or Keeping your information private - Easyread 

 

Accessing My Records


You have the right under the General Data Protection Regulation (2016), subject to certain exemptions, to access records that Wirral Community NHS Foundation Trust (WCT) hold about you. This is known as a ‘subject access request’ (SAR).

 

What is a Subject Access Request?

 

This is a request for the information held in a person’s health and social care record.

 

What information am I entitled to?

You are entitled to have access to all information within the health and social care record, except:

  • When access would not be in accordance with the patient/service user’s wishes
  • Information the care team feel may cause harm or distress
  • Information gained from a third party which was given in confidence
  • Any identifying information about the above third party.

 

How long?

You will receive your records within 1 month of the receipt of your application. Where the request is complex or numerous the period may be extended by a further two months.

 

Can I make a request on behalf of others?

Yes you can. However, we need to be satisfied you are entitled to act on behalf of someone else and you will need to provide evidence of this entitlement such as:

  • Written consent from the person you are acting for
  • Power of Attorney for Health and Welfare
  • Administrator of the Estate (in the case of a deceased person)
  • Court appointed litigation friend and/or appointed by the court of protection documents.

 

We may need to contact the person you are acting for directly, if their consent has not been provided. Where consent is not available due to the person not having capacity, a decision will be made on a case by case basis.

 

Please note there is no law entitling you to exercise subject access rights on another person’s behalf. However, in the above circumstances, rights of access may be granted.

 

Can I request a deceased person’s records?

Yes - however the only person who has a right of access to a deceased patient’s records is the one defined as the patient’s personal representative. This may be:

  • The patient’s personal representative e.g. Power of Attorney for Health and Welfare · the executor of the estate
  • The designated administrator of the patient
  • A person making a claim arising from the patient’s death (assessed on a case by case basis).

 

How to apply for access to your own health records

Download the Request Access to your Records application form 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.

 

What other rights do I have?

  1. To be informed why, where and how we use your information
  2. To ask for access to your information
  3. To ask for your information to be corrected if it is inaccurate or incomplete.
  4. To ask for your information to be deleted or removed where there is no need for us to continue processing it
  5. To ask us to restrict the use of your information.
  6. To ask us to copy or transfer your information from one IT system to another in a safe and secure way, without impacting the quality of the information
  7. To object to how your information is used
  8. To challenge any decisions made without human intervention (automated decision making)

 

The General Data Protection Regulation (2016) gives individuals rights in respect of the personal information that we hold about you.  These are:

 

For more information, please visit https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

 

Your Data Matters to the NHS

 

Your Data Matters to the NHS
In May 2018, the strict rules about how your confidential patient information, often referred to as data, can and cannot be used were strengthened. The NHS is committed to keeping patient information safe and always being clear about how it is used. 

 

You can choose if your confidential patient information can be used to help with new treatments and planning services (often referred to as research and planning).

 

Information about your health and care helps the NHS to:

  • Look after you better and improve your individual care 
  • Speed up diagnosis 
  • Plan local services eg GP clinics 
  • Research new treatments 

 

How would my information be used to help with new treatments and planning services?

If you are happy for your confidential patient information being used the team will try not to use your name on information used for things like planning.

 

The information will be used to help us research new treatments, decide where to put clinics and plan for the number of staff in your locality. 

 

Sometimes your details and information about your health, care and treatment will be used. 

 

Who can use your confidential patient information to help with new treatments and planning services?
Your patient confidential information can be used by:

  • The NHS 
  • Adult Social Care
  • Universities and medical colleges
  • Companies inventing and testing new medicines 

 

Choosing if you want your confidential patient information to be used to help with new treatments and planning services

It’s up to you if you want your confidential patient information to be used to help with new treatments and planning services.

 

If you decided not to share your confidential information that will not change your care at all.

 

You will continue to receive invites for things like screening for bowel cancer.

Deciding what to do

If you are happy about how your confidential information is used you do not have to do anything else.

 

If you do not want your confidential patient information to be used to help with new treatments and planning services you can opt-out.

 

How to opt-out
If you don’t want your health and care information to be used for research and planning you can opt-out. The decision you make will not affect your individual care and you can change your mind at any time. 

 

You can opt-out online or by calling the helpline: 0300 303 5678

Young people

If you are 13 or over and would like to opt-out you can do so yourself. 

 

If you are under 13 your parent or guardian will need to make the decision and set a national data opt-out on your behalf.

 

Remember, you can change your choice at any time. 

 

You can find out more information about the national data opt-out programme here.

Last Updated: Wednesday, 09 October 2019 10:47

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