Access your Health Records
Under EU and UK law you or an authorised representative may have the right to access your health record.
The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data as well as other supplementary information.
What are you entitled to?
- confirmation that we are processing your personal data
- a copy of your personal data
- other supplementary information
You are only entitled to your own personal data, and not to information relating to other people (unless the information is also about you or you are acting on behalf of someone).
Access to your health record or that of another living individual
You have a right to apply for access if:
- You are the patient.
- You have parental responsibility for a patient who is a under the age of 13.
- You are the person authorised in writing to make an application on behalf of the patient. (This requires the patient’s signature).
- You are a person appointed by the court to manage the patient’s affairs when they are unable to e.g. power of attorney (documented proof must be provided).
Access to health records of the deceased
The Access to Health Records Act 1990 gives deceased patient’s personal representation and anyone who may have a claim arising out of the patient’s death, a right of access to the patient’s clinical records. This is not a general right and access may be limited to information of relevance to the possible claim.
In some circumstances the Trust is legally required to withhold all or some of the information held in an individual’s health record:
Access can be limited or refused if:
- Where the identity of an individual cannot be satisfied by the Trust.
- Where consent of the individual has not been given, but is legally required.
- Where it has been judged that supplying the information is likely to cause serious harm to the physical or mental health or condition of the patient or any other person.
- Where providing access would disclose information relating to or provided by a third party who had not consented to the disclosure. This exemption may not apply where that third party is a health professional involved in the care of the individual.
- If a deceased person had indicated that they did not wish information to be disclosed, or the record contains information that the deceased person expected to remain confidential.
How to request access to health records
Please see below information on Bedford Hospital and Luton and Dunstable University Hospital.