Subject Access Request
How to make a subject access request
The General Data Protection Regulation (GDPR), implemented through the Data Protection Act 2018, gives individuals (the ‘Data Subject’) the right to access, correct or erase personal data that is held about them by any health or care organisation. This right of access is applied through a “Subject Access Request” (SAR).
Access to your health records
Your health records are kept on the Practice’s secure electronic record system.
Records may include the following information:
- Basic details about you such as your name, address, date of birth
- Notes and reports about your assessments, treatment and care provided
- Results of tests, investigations, diagnostic test carried out
- Information from other professionals involved in your care or from relatives or other people who care for you.
- Any information you provided to us during your consultation or encounter with the Trust.
Access to your health record can be made by sending a written request to the Practice using our Practice Subject Access Request Form available at the Reception.
Children age 13 and over can make a request for information held about them, as long as they are deemed competent to do so. Where a Child does not have sufficient understanding to exercise their rights themselves, a person with parental responsibility can submit a request for a SAR on their behalf.
Access to a Deceased Person Health Record
The Access to Health Records Act 1990 provides certain individuals right to access a deceased person’s record. This includes a person who can prove they are a benefactor or has a claim to the deceased person’s estate or is a Personal Representative or an Executor of the deceased person Will. Evidence in the form of the deceased person WILL or Certificate such as marriage certificate, must be provided with the request, before the records can be provided.
We will only respond to Subject Access Request and Access to Health Records request within 30 days from the date the verification after receipt of proof of requestor identification is completed. In some exceptional cases the response time may extend beyond 30 days if the request is complex and requires more time to process. You will be notified if this will apply to your request before the end of the 30 days timeline.
In some exceptional circumstances, your right to see some details in your own health records may be restricted or withheld if an exemption under data protection law applies.
The Data protection Act 2018 provides several exceptions which allow information request to be withheld from individuals. This may be based on several factors such as clinical judgement, employers right including legal advice or legal proceedings and management planning.
A request for health and care records may also be withheld if it is believed to be “manifestly unfounded or excessive”. In exceptional circumstance if we choose to respond to this category of request, we may charge a reasonable fee for doing so.
To help us provide you with the right information at the right time, we ask you to make your request in writing. This should be accompanied with proof of ID, such as a copy of your passport or driving license, WILL or Marriage Certificate for access to deceased person records request. Please note that if the information provided in your request is not sufficient to confirm your identity, you may be asked to provide more information.
Charging a fee
No fee is charged for providing Subject Access Request, correction or erasure under GDPR, unless the SAR / Information request is considered to be “manifestly unfounded” or “excessive in nature” in these circumstances a reasonable fee will be charged.
To make it as easy as possible to apply to see your records or those of someone you care for the Trust has created a single contact point for requests.
Please fill in the Subject Access Request form , which can be obtained at the Reception. Copy can be posted out to your address as well if requested.
We will usually process your request within 30 days. As long as we have received proof of your identity and a completed SAR form from the Practice.
Following your request, we may write back to you within the 30-day time frame to request you to narrow or modify your requirements. This may also result in an extension of a further 60 days whilst we examine your request.
Information is provided in line with the General Data Protection Regulations (GDPR)