Data Protection advise, really needed, please

[midlife]

I am after health records as well, but I dont think they come under medical records as meaning a hospital or GP etc.. But maybe im wrong.

I'm sure that health records do not come under section 7 of the 1998 data protection act. Mind you I'm biased as all requests for records from me are health records ........

The other stuff almost certainly is and they should have responded to your SAR.

Shaun

 

[Sore Thumb]

Access to Health Records Act 1990 now only applies to the records of deceased persons. Access to the health/medical records of the living is under the DPA.


(I used to advise health professionals on information governance and was also the access/DPA/FOI lead for two statutory bodies, so I'm a bit of an IG geek).

So do you know if they can just ignore my 3 requests for info for 65 days? And then say the 40 days only actually starts when you pay your money??

Is this a way around their legal obligations?

 

[Tin Pot]

So do you know if they can just ignore my 3 requests for info for 65 days? And then say the 40 days only actually starts when you pay your money??

Is this a way around their legal obligations?

If the organisation does this consistently and receives a large number of complaints the ICO will investigate/issue reprimand or fines.

You could bring a civil case against them if you thought the point was worth making, but I doubt it's worth it.

 

[midlife]

Access to Health Records Act 1990 now only applies to the records of deceased persons. Access to the health/medical records of the living is under the DPA.


(I used to advise health professionals on information governance and was also the access/DPA/FOI lead for two statutory bodies, so I'm a bit of an IG geek).

Everyday is a school day as they say, our Trust had its own department that deals with access to medical records.

Shaun

 

[classic33]

The ICO template letter gives a 40 day period from receipt of the letter not the fee. It even states that should a fee be payable let me(person sending it) know.
All within the 40 day period. Template changed 2014 to reflect a change in the law.