SUBJECT ACCESS Data Subject Access – A Legal Right

Right to Access  Patients have a right to access most Person Identifiable Information (PII) about them by: Supervised viewing Supervised viewing Being provided with copies Being provided with copies Asking the Practice to release copies of their records to Solicitors etc. (via a properly worded and signed consent form) Asking the Practice to release copies of their records to Solicitors etc. (via a properly worded and signed consent form)  A maximum fee of £50 can be charged  The patient can do what they like with the information

Withholding Information  It is important that any record is reviewed by a Doctor prior to release, to ensure that: Information that may cause harm or distress to anyone, not just the patient, is not included Information that may cause harm or distress to anyone, not just the patient, is not included Information provided by third parties (NOT health professionals) is not included without consent (required in most circumstances) Information provided by third parties (NOT health professionals) is not included without consent (required in most circumstances)

Access to a Child’s PII  Who can access a child’s PII? Birth or adoptive parents Birth or adoptive parents Legally Appointed Guardians Legally Appointed Guardians  This applies only until the child is of an age to be able to decide who they want to see their records  At what age is a child deemed old enough to in law to make this decision? Twelve Twelve Or younger if they are known to be able to understand Or younger if they are known to be able to understand

Proof of Identity  Requesters must prove who they are before releases are made Ask them for details they would only know Ask them for details they would only know  Requests from Solicitors, Insurance companies etc. must be accompanied by a properly worded, detailed and signed consent form  Ask for POA/EPOAs, Court Orders etc. when they are used to support requests and read them carefully

Blaggers  Patient Information in the NHS is highly sought after….  Be suspicious of phone calls when the caller asks you for personal details  A little bit of information can provide them with enough for their purposes!