Access to Personal Information (including medical notes)

Under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) people have the right to see any health and other personal information an organisation holds about them. To use this right, you can make what is known as a ‘Subject Access Request’.

How to Apply

NHS Orkney as developed a Subject Access Request Form which should be completed and returned to the contact details below.

PLEASE SEE SUBJECT ACCESS REQUEST FORMS TO THE RIGHT

A Guidance document is also available to assist with completing the application form.

Requests for a copy of personal information should be sent to the contact details provided below:

FOI Officer

NHS Orkney

The Balfour

Foreland Road

Kirkwall

KW15 1NZ

Or via email: ork.dp@nhs.scot

Who can make a Subject Access Request?

You can make your own application to see your records or you can authorise someone else to make the request on your behalf.

How long should it take?

The maximum period is one calendar month after the request is received. If you are asked to provide clarification or further details the deadline is taken from receipt of the further information. However, if your request is complex this can be extended for a further two months.  If this is the case we will tell you and explain the reason for the delay.

How much does it cost?

There is no charge to receive a copy of your patient notes. If additional copies are requested a fee will apply.

What Records Can You See?

You can apply for access to records that have been made about you, including your medical notes. These are valid reasons why you may be refused access to parts of your own health records, you would not be able to see information that could:

• cause serious harm to your physical or mental health, or anyone else’s; or
• identify another person (except members of NHS clinical staff who have treated the patient), unless that person gives their permission.

Accessing records of deceased patients

The access to records of deceased patients is not included in the legislation above. The Access to Health Records Act, 1990 lays down strict guidance on what personal information can be provided to a third party regarding a deceased patient. 

 The Act gives certain people a right to see the health records of somebody who has died. These people are defined under section 3(1)(f) of that Act as:

1. The patient’s personal representative. This will be the executor or administrator of the deceased person’s estate.

2. Any person who may have a claim arising out of the patient’s death. 

PLEASE SEE SUBJECT ACCESS REQUEST FORMS FOR DECEASED PATIENT TO THE RIGHT