At Clodes Solicitors, we believe that knowledge is power, especially when it comes to your personal health information. You have clear, enforceable rights to access and correct your medical records under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Whether you want to review your records, check for accuracy, or ensure your records reflect your true medical history, we are here to guide you every step of the way.
Why Access Your Medical Records?
Your medical records are a vital part of your healthcare journey. They contain details about your diagnoses, treatments, medications, and more. Having access to this information empowers you to make informed decisions, spot errors, and ensure your care is based on accurate data. It is your health and your story, and you have the right to see it.
Your Right to Access: Simple, Free, Protected
Under Article 15 of the UK GDPR, you have the right to request a copy of your personal data from any organisation that holds it, including your GP, hospital, or private healthcare provider. This is known as a Subject Access Request (SAR).
How does it work?
โข Submit a Request: You can make a SAR in writing, by email, or verbally. Clearly state that you want access to your medical records.
โข Quick Response: The law requires your GP or hospital to respond without undue delay and within one month. If your request is complex or you have made several requests, they can extend this by up to two months, but they must tell you why and let you know within the first month.
โข No Hidden Fees: In almost all cases, you should not be charged for accessing your records. A fee can only be charged if your request is manifestly unfounded or excessive, or if you ask for additional copies.
What If You Are Refused of Delayed?
If you do not receive your records within the legal timeframe, or if your request is refused without good reason, you have options:
- Raise the Issue Internally: Contact the practice manager, data protection officer, or complaints department.
- Contact the ICO: The Information Commissionerโs Office (ICO) is the UKโs independent authority for data rights. They can investigate and, if necessary, take enforcement action.
- Seek Legal Redress: In some cases, you may be entitled to compensation for any damage or distress caused by a breach of your data rights.
Potential Fines for Breaches
The ICO has the power to issue fines of up to ยฃ17.5 million or 4 percent of annual global turnover for serious breaches of data protection law. These fines are typically reserved for the most severe or repeated violations, but even less serious breaches can result in significant regulatory action.
Limitation Dates for GDPR Breaches
If you wish to bring a claim for compensation under the UK GDPR or Data Protection Act 2018, you should be aware of limitation periods. Generally, claims must be brought within six years of the date of the breach. However, it is advisable to act promptly, as delays can affect the strength of your case and the availability of evidence.
Your Right to Rectification: Ensuring Accuracy
If you spot an error in your medical records, whether it is a wrong date, an incorrect diagnosis, or missing information, you have the right to request a correction under Article 16 of the UK GDPR.
How to Request an Amendment:
โข Be Specific: Clearly identify the information you believe is inaccurate or incomplete, and provide any supporting evidence you have.
โข Submit Your Request: You can do this in writing, by email, or verbally.
โข Timely Response: The healthcare provider must respond within one month, extendable by two months for complex cases.
โข No Charge: You cannot be charged for requesting a correction unless your request is manifestly unfounded or excessive.
If the provider agrees, they must correct the record without undue delay. If they disagree, perhaps because the record reflects a professional opinion or a historical fact, they should explain their reasoning and add a note to your record reflecting your view.
What If You Are Not Satisfied?
If you feel your request for rectification has been unfairly refused, you can:
โข Complain to the ICO. The ICO can review your case and may order the provider to take action.
โข Apply to the Court. In some cases, you can seek a court order to compel the correction of your records.
Why Does This Matter?
Accurate medical records are essential for safe, effective healthcare. Errors can lead to misdiagnosis, inappropriate treatment, or delays in care. By exercising your rights, you help ensure your records are correct and up to date, protecting your health and your peace of mind.
Frequently Asked Questions
Can I access my childโs or a relativeโs records?
Yes, if you have parental responsibility or legal authority such as power of attorney, you can request access on their behalf.
Will accessing my records affect my care?
No. Your right to access and correct your records is protected by law. Healthcare providers must not treat you differently for exercising your rights.
What if my records contain information I disagree with, but it is a professional opinion?
You can request that your view is added to the record, even if the original entry is not changed.
Take Control of Your Health Information Today
At Clodes Solicitors, we are passionate about helping you understand and exercise your rights. If you have questions about accessing or amending your medical records, or if you have encountered difficulties with a healthcare provider, we are here to help.
How We Can Help:
โข Guidance on making subject access or rectification requests
โข Support if your request is refused or delayed
โข Advice on escalating complaints to the ICO or court
โข Assessment of your case for compensation or enforcement action
โข Representation in correspondence, complaints, and legal proceedings
Contact Us Today
Do not let uncertainty stand in the way of your health and well being.
Contact Clodes Solicitors on 02920 765050 for clear, practical advice on your data rights.
Your health, your records, your rights, protected by law.
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