HC Deb 03 May 1994 vol 242 c445W
Ms Primarolo

To ask the Secretary of State for Health who holds the copyright on data in primary care(a) in written notes and (b) on computers; and what statute, regulations or guidance govern this matter.

Mr. Sackville

The physical records on which data about patients is recorded by general practitioners are owned by the family health services authority. The equitable copyright of that data is also vested in the FHSA under common law because the author of the record compiles it pursuant to an obligation to maintain records, his remuneration in part is based on his doing so and he does so in circumstances whereby he owes a duty of good faith and fidelity to the FHSA. The principles apply equally to manual and computerised records.

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