Accessing your Record

In accordance with Article 15 of the UK GDPR, individuals have the right to access their data and any supplementary information held by this practice. SARs are predominantly used for access to, and the provision of, copies of medical records. This type of request need not always be in writing (e.g., letter, e-mail). However, applicants should be offered the use of a SAR application form which allows for an explicit indication of the required information.

The reason for granting access to data subjects is to enable them to verify the lawfulness of the processing of data held about them. In addition, data subjects can authorise third party access, e.g., for solicitors and insurers, under the UK GDPR. 

When a data subject (individual) wishes to access their data, they are to be encouraged to submit a request through askmyGP.

Once access to records has been granted, patients or their proxy may dispute their accuracy. This could be:

• A lack of understanding of medical codes
• Identified errors
• Unexpected third-party references 
• Entries they object to, or want deleted
• The right of rectification and erasure is established within the UK GDPR and all queries of this nature will be directed to the data controller. The data controller will contact the patient and then undertake a thorough investigation to identify the source and extent of the problem.

The Practice will then decide on the most appropriate action, whether it is appropriate to change or delete an entry. 

If it is not possible to amend the records, you will be contacted to explain why. Aan entry may be made declaring that you disagree with the entry. If the you further dispute the accuracy once a decision has been made, you will be advised of the complaints procedure.

The UK GDPR does not apply to data concerning deceased persons, although the ethical obligation to respect a patient’s confidentiality extends beyond death. There are several considerations to be taken into account prior to disclosing the health record of a deceased patient, all of which are detailed in the Access to Health Records Act 1990. 

Unless patients have asked for confidentiality while alive, there are certain individuals who have a right of access to the records of a deceased person. 

They are:

• The patient’s personal representative
• Any person who may have a claim arising out of the patient’s death

Evidence of the above is required before records will be released.