HC Deb 29 January 1998 vol 305 cc362-3W
Mr. Swinney

To ask the Secretary of State for Scotland how many representations he has received on extending patients' rights of access to medical records held by hospitals and general practitioners. [25678]

Mr. Galbraith

The Scottish Office Department of Health receives many inquiries from patients about rights of access under the provisions of the Access to Health Records Act 1990.

It is not possible to distinguish those which are concerned with extending rights of access, since a clear explanation of current rights usually satisfies the correspondent.

Mr. Swinney

To ask the Secretary of State for Scotland if he will make a statement on the rights of patients to gain access to medical records held by hospitals and general practitioners. [25679]

Mr. Galbraith

Under the provisions of the Access to Health Records Act 1990 individuals have the right to access personal health information in health records kept on manual files recorded after November 1991. The 1990 Act does not prevent access to records made before 1991 but it is for the relevant health professional to decide to allow access on an informal, voluntary basis. The Data Protection Act 1984 gives an individual the right of access to personal information in health records which are held on computer. With both of these Acts access can be denied or restricted only in certain specified circumstances such as where access to the information may cause serious physical or mental harm to the individual.