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Accessing your medical records

Your right to access your health records under the Data Protection Act 2018

Information about your personal treatment and care is confidential and will normally be something you will discuss with the healthcare professionals you meet.  All patients have the right to see their own health records under the Data Protection Act 2018. This is referred to as a Subject Access Request. The request can be made verbally or in writing and the Trust has one month to respond to the request. This is provided free of charge.

 

You have the right to obtain: 

  1. confirmation that the Trust is processing your personal data;
  2. a copy of your personal data; and
  3. any other supplementary information

Please see our Privacy Notice for further details about collection and use of the information we hold about you.

  

Your right to rectification

All individuals have the right to have inaccurate personal data rectified, or completed if it is incomplete. This request can be made verbally or in writing and the Trust has one calendar month to respond to the request.  The Trust can refuse to comply with your request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.  In some cases, if the request is considered to be manifestly unfounded or excessive , the Trust may request a "reasonable fee" to deal with the request.

Further information about your right to rectification can be obtained from the Information Commissionner's Office website.  

 

Your right to erasure

All individuals have the right to have personal data erased.   The right to erasure is sometimes known as ‘the right to be forgotten’. This request can be made verbally or in writing and the Trust has one calendar month to respond to the request.  The Trust can refuse to comply with your request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.  In some cases, if the request is considered to be manifestly unfounded or excessive , the Trust may request a "reasonable fee" to deal with the request.

Further information about your right to rectification can be obtained from the Information Commissionner's Office website.  

 

Your right to restrict processing

You have the right to request the restriction or suppression of your personal data.  This means that you can limit the way the Trust uses your  data. In addition to restriction, you can request the erasure of your data.  This is not an absolute right and only applies in certain circumstances. This request can be made verbally or in writing and the Trust has one calendar month to respond to the request.  The Trust can refuse to comply with your request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.  In some cases, if the request is considered to be manifestly unfounded or excessive , the Trust may request a "reasonable fee" to deal with the request.

Further information about your right to restrict processing can be obtained from the Information Commissionner's Office website.  

 

Your right to object to the processing of your personal data

You have the right to object to the processing of your personal data in certain circumstances, for example to stop your data being used for marketing purposes. This request can be made verbally or in writing and the Trust has one calendar month to respond to the request. The Trust can refuse to comply with your request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.  In some cases, if the request is considered to be manifestly unfounded or excessive , the Trust may request a "reasonable fee" to deal with the request.

Further information about your right to restrict processing can be obtained from the Information Commissionner's Office website.  

 

Your right to data portability

All individuals have the right to data portability.  This means individuals can obtain and reuse their personal data for their own purposes across different services. It allows individuals to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability. This request can be made verbally or in writing and the Trust has one calendar month to respond to the request.  The Trust can refuse to comply with your request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.  In some cases, if the request is considered to be manifestly unfounded or excessive , the Trust may request a "reasonable fee" to deal with the request.

Further information about your right to rectification can be obtained from the Information Commissionner's Office website.  

 

How to request your records

Your request may be submitted in writing or verbally.  To help us process your request faster, please include a name and address for correspondence and describe the information that you are requesting, giving us enough detail about the information to allow us to correctly identify and locate it.

Requests in writing should be sent to:

The Access Office Medical Records  Northampton General Hospital NHS Trust Cliftonville Northampton NN1 5BD

Please send email requests to: Health.Records@NGH.NHS.UK  and telephone requests by calling: 01604 544776 or 01604 523392.

A leaflet outlining how your information is used by the Trust is available here.

 

Timescales for responding

The Trust will  act on all requests without undue delay and at the latest within one month of receipt.

The time limit is calculated from the day after receipt of the request (whether the day after is a working day or not) until the corresponding calendar date in the next month.

The Trust can extend the time to respond by a further two months if the request is complex or if we have received a number of requests from the same requester. The Trust will let the requester know within one month of receiving the request and explain why the extension is necessary.

 

Exceptions to access

The Trust has the right to deny access to a patient's health records if one of the following conditions applies: If in the Trust's opinion, based on the assessment of the healthcare professional in charge of the care, access would disclose information likely to cause serious harm to the physical or mental health or condition of the patient or to any other person.If giving access would disclose information which would identify information provided by or about a third party (this does not apply if the individual concerned has given their consent).

The Trust can also refuse to comply with a subject access request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.

In some cases, if the request is considered to be manifestly unfounded or excessive , the Trust may request a "reasonable fee" to deal with the request.

 

Request for ID

The Trust will let you know as soon as possible if we need more information from you to confirm your identity before responding to your request. The period for responding to the request begins when we receive the additional information.

 

Access to the health / medical records of a deceased person

Limited rights of access to the health / medical records of a deceased person are given under the Access to Health Records Act 1990. In addition, personal representatives of deceased patients and any person who has a claim arising from a patient's death may have access to the records under the Access to Health Records Act 1990. To access the health / medical records of a deceased person under the Access to Health Records Act 1990 please write to the Health Records Manager at the Address shown above.

 

Accessing Health Records - Complaints and review

The Trust is committed to providing you with an efficient and courteous service with regard to accessing health/medical records, but it is inevitable that things will go wrong occasionally. Let us know when this happens so that we can put matters right as soon as possible. In most cases the Data Protection Officer will be able to resolve any concerns that you have at the time they arise. Please contact: 

Data Protection Officer Data Quality, Security and Protection Team  Northampton General Hospital NHS Trust Cliftonville Northampton NN1 5BD

Tel:  01604 523224 E-mail: dataprotectionact@ngh.nhs.uk

For more information about access to personal information and your rights under the Data Protection Act 2018, please see: The Data Protection Act

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