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Subject Access

Subject Access. Access to Health Records Act 1990 provisions now part of Data Protection Act 1998 computerised or manual records whenever the record was compiled Data subjects are entitled to: be informed whether personal data is processed

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Subject Access

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  1. Subject Access • Access to Health Records Act 1990 provisions now part of Data Protection Act 1998 • computerised or manual records • whenever the record was compiled • Data subjects are entitled to: • be informed whether personal data is processed • a description of the data held, the purposes for which it is processed and to whom it may be disclosed • a copy of the information • information as to the source of the data • Some exemptions Enter Organisation Logo Here

  2. Subject Access Requests • Request must be in writing • Must be satisfied as to identity of person making the request • Permitted to clarify with data subject what information they require • Must respond within 40 calendar days • Must give • a copy (unless data subject agrees otherwise) • an explanation of abbreviations, medical terms etc. • Different Fees chargeable • Informal Subject Access Request Enter Organisation Logo Here

  3. Responding to Subject Access Requests • Information relating to another individual who can be identified from that information (including being identified as the source) may be withheld unless • the other individual consents to the disclosure or • it is reasonable in all the circumstances to supply the information without consent Enter Organisation Logo Here

  4. Responding to Subject Access Requests In determining whether it is reasonable to supply information relating to another individual without consent regard shall be had to: • any duty of confidentiality owed • any steps taken by the data controller to seek consent • whether the individual is capable of giving consent • any express refusal of consent If reasonable then data controller must supply Enter Organisation Logo Here

  5. 50 £ 10 £ Subject Access Requests Fees • Maximum fee for £10 computerised health records • Maximum fee of £50 for manual health records or mixture of manual and computerised records • No fee to be charged for a informal access (spirit of openness to be encouraged) Enter Organisation Logo Here

  6. Dealing with Subject Access Requests made by: • Patients/Clients • Parents • Representatives • Solicitors • Statutory Services • Police • Other third parties Enter Organisation Logo Here

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