The General Data Protection Regulation and Data Protection Act 2018 gives you the right to have copies of information held in your health records whether they are paper or electronic.
The Access to Health Records Act 1990 gives the personal representative of a deceased patient or someone with a claim resulting from a patient’s death the right to access that patient’s health records.
How do I request copies of my health records?
You need to complete the Trust’s ‘Access to Health Records’ form and provide proof of identity.
How do I request copies of a deceased patient’s health records?
You need to complete the Trust’s ‘Access to Health Records’ form as above but provide evidence of entitlement to access.
What is the fee for copies of health records?
Access to your health records is free of charge, However, we can charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, particularly if it is repetitive.
We may also charge a reasonable fee to comply with requests for further copies of the same information.
What is the timeframe for receiving copies of health records?
The General Data Protection Regulation and Data Protection Act 2018 states that copies of records must be provided within 30 days of receiving a completed application form.
We will inform you of any delays.
Can access be denied?
There are sometimes circumstances when access can be denied:
- Where disclosing the personal data would reveal information which relates to and identifies another person, unless that person has consented to the disclosure.
- Where permitting access to the health records would be likely to cause serious harm to the physical or mental health or condition of the applicant.
- Where the request for access is made by another person, access can be refused if the patient had indicated it should not be disclosed.
- Where a claim arises from the patient’s death we will only supply copies of records in relation to that claim.
- If the request is from the deceased patient’s personal representative we will normally supply copies of medical records which relate to recent treatment. However a full set of notes may be released on request.
Where can I get further advice from?
For further information about accessing health records, please ring our Medical Legal Department on 01204 390361 between the hours of 9a.m. and 4p.m. Monday to Friday.
Or by email MedicalLegal@boltonft.nhs.uk
Please download, complete and return the form below to access Health Records information:
Application for Access to Health Records V2 [129 kb] Ms Word
Application for Access to Staff Records [123 kb] Ms Word
CCTV Request FORM [206 kb] Ms Word [All CCTV footage is only kept for 30 days from the time of the recording.]
Access to your information leaflet [331 kb] PDF