Access to Records

About your health record

Your healthcare record contains important clinical information, which may need to be accessed by the healthcare professionals involved in your care. Under the Data Protection Act 2018, you have the right to see or obtain a copy of your health records by formally requesting a copy in writing or verbally. During the request process we will require two forms of ID before release of the records. Please ensure that only photocopies of identification are submitted and not original documents. CHCP cannot accept responsibility for the handling or return of original personal identification.

We are required under the Act to respond to Subject Access Requests (SARs) no later than one month following receipt. If, having fully considered your request, we require further information in order to respond, we will request this from you as soon as possible. In all such cases, the one-month clock shall begin only once we have received the information required in relation to the request in full.

Please click on the link to access the proof of indentification form

Your health records are confidential, and members of your family or 3^rd parties are not allowed to see them, unless you give them written permission, or they have power of attorney. Please click on the link to access the patient consent form

Types of health record

Health records take many forms and can be on paper or electronic. Different types of health record include:

• consultation notes, which your clinician takes during an appointment
• the treatment you will receive and any other relevant clinical and personal information
•  discharge records, which will include the results of treatment and whether any follow-up appointments or care are required
• test results
• Email correspondence with individuals involved in your care (where appropriate)
• photographs

Who can make an Access Request?

An application for access to personal data may be made to CHCP by any of the following:-

• an individual
• a person authorised by the individual in writing to make the application on an individual’s behalf e.g. solicitor, family member, carer
• a person having parental responsibility for the individual where he/she is a child.
• a person appointed by a court to manage the affairs of an individual who is deemed incompetent
• individuals who hold a health and welfare Lasting Power of Attorney
• where the individual has died, the personal representative and any person who may have a claim arising out of the individual’s death (the executor of the deceased’s will; someone who has been appointed as an Administrator of the Estate by the Courts; someone who  has the written consent of either of the above to be given access, someone who is in the process of challenging the deceased’s will)

Access to deceased patient records

The Access to Health Records Act 1990 provides certain individuals with a right of access to the health records of a deceased individual. These individuals are defined under section 3 (1) (f) of the act as ‘the patients personal representative and any person who may have a claim arising out of the patients death’. A personal representative is the executor or administrator of the deceased person’s estate.

You will be required to provide proof that you are a personal representative of the deceased, or that you have permission of the personal representative. This should be in the form of a Grant of Probate or Letters of Administration.

If applicable, proof that you are an executor of the will or have a claim arising out of the deceased.

If you are unable to provide the relevant documents, we will not be able to process your request. Due to the requirements set by legislation, we cannot release copies of records to the next of kin.

Accessing health records

Following the GDPR Regulations it is free of charge to request your records, unless there is a reasonable fee for administrative cost, if the request is found to be manifestly unfounded or excessive. If this is the case the Access to Records team will supply more information at the time of the request. CHCP have one month after the request is received to respond, unless the request is complex then we may request an extension.

To make a request for copies of your health records or if you require support ot make a result please contact CHCP’s Access to Records Team

Email CHCP.accesstorecords@nhs.net

In writing –

The Information Governance Team
City Health Care Partnership CIC
5 Beacon Way
Hull
HU3 4AE

Telephone 01482 347627

Please click on the link to access the patient consent form

You may be refused access to some, or all of your health records under certain circumstances, such as if a healthcare professional believes that the information would cause serious harm to the mental or physical health of you or any other person, or if giving access would make known, information relating to, or provided by, a third person without their permission.

Access may be denied or restricted where:

• The record contains information which relates to or identifies a third party that is not a care professional and has not consented to the disclosure. If possible, the individual should be provided with access to that part of the record which does not contain the third-party information
• Access to all or part of the record will prejudice the carrying out of social work by reason of the fact that serious harm to the physical or mental well-being of the individual or any other person is likely. If possible, the individual should be provided with access to that part of the record that does not post the risk of serious harm
• Access to all or part of the record will seriously harm the physical or mental well-being of the individual or any other person. If possible, the individual should be provided with access to that part of the record that does not pose the risk of serious harm
• If an assessment identifies that to comply with a SAR would involve disproportionate effort under section 8(2)(a) of the Data Protection Act (Appendix A).

* in some instances, a charge may be applicable.

To find out more about your information and how we use it, click here.

Access to your employment record

Please click on the link to access the employment consent form

To access your employment records, this request can be made via telephone or in writing. During the request process we will require two forms of ID before release of the records and consent from the data subject if the request is made by a 3^rd party that they are authorised to act on your behalf. Please ensure that only photocopies of identification are submitted and not original documents. CHCP cannot accept responsibility for the handling or return of original personal identification.

If a request is very broad or requires excessive amount of data to be located or reviewed, CHCP may lawfully request clarification, extend the response timeframe or in rare cases determine that aspects of the request maybe manifestly excessive under UK GDPR.

To make a request for copies of your employment records please contact CHCP’s Access to Records Team

Email - CHCP.accesstorecords@nhs.net

In writing –

The Information Governance Team
City Health Care Partnership CIC
5 Beacon Way
Hull
HU3 4AE

Telephone 01482 347627

We are legally obliged to respond to your request within a calendar month of receiving both your request and identification. If we do not have the relevant information to process your request, we will contact you to ask for it, as we will be unable to process your request until all relevant information has been received.

Limited Access

The Data Protection Act does set out circumstances where access can be denied or restricted, including:

• Where another individual could be identified by the information (unless the individual has consented to the application).
• Third person involvement – where a solicitor has divulged legally privileged information given in confidence to the employer concerning the employee given on the basis that it would not be shared with the employee – these parts of the record will not be released.
• References given by or to CHCP for the purposes of your education, training or employment or the provision of a service by you that have been given in confidence.
• Personal data that is processed for management forecasting or management planning, to the extent that complying with the SAR would be likely to prejudice the business or other activity of the CHCP. For example, release of plans to restructure an employee’s and other individuals’ posts, in advance of an announcement of the management plans.
• Personal data processed for certain purposes related to crime and taxation, to the extent that complying with the SAR would be likely to prejudice the prevention or detection of crime, and the assessment or collection of tax or duty.

Independent Advice

If you remain dissatisfied with CHCP’s response, you can contact the Information Commissioner Office – the body with responsibility for enforcing the Data Protection Act. The address is:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Alternatively, 1113 Alternatively you can visit their website (www.ico.gov.uk) for further information about Subject Access Requests under the General Data Protection Regulation 2016.