§ Mr. Ron DaviesTo ask the Secretary of State for Health (1) what guidance she issues as to the grounds on which a health authority may restrict an individual's access to their own medical records; [25948]
(2) what is her Department's policy on procedure when individuals request their medical records; [25949]
(3) what guidelines her Department offers to health authorities on how to respond when patients request their medical records. [25950]
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§ Mr. SackvillePatients have a legal right to see their own health records. For records kept on paper and compiled on or after 1 November 1991, access is provided for by the Access to Health Records Act 1990. For records held on computer, access is provided for by the Data Protection Act 1984. Access may be denied to all or part of the record if disclosure of any information in it might cause serious harm to the physical or mental health of the patient. Access may also be denied if it contains information which would identify a third party, other than a health professional, unless that person has consented to the disclosure. The Access to Health Records Act also permits access to be withheld to protect the health of another person.
Guidance on the Access to Health Records Act 1990 was issued to the National Health Service in England in August 1991. Guidance on the Data Protection Act 1984 was issued to the NHS in England in 1987 and 1989. Guidance was also issued to the NHS in Wales. A revised handbook, "Introduction to Data Protection in the NHS" was issued in July 1994. All guidance contains advice on procedures to enable patients to see their records. Copies of the guidance are available in the Library.