The Information Commissioner’s Office states that parents can make subject access requests on behalf of their children who are too young to make their own request.
In any of these cases, you should only provide the minimum amount of information necessary to serve the purpose, and you should carefully document your reasons for making the disclosure.Īccess to a child or young person's medical records Disclosure is required by law – for example, in accordance with a statutory obligation, or to comply with a court order or a disclosure notice from the NHS counter-fraud service.You should follow GMC guidance (Confidentiality) on disclosure within the wider public interest. Examples of this might be to inform the DVLA if someone may be unfit to drive, or to assist the police in preventing or solving a serious crime, or informing the police if you have good reason to believe that a patient is a threat to others. You believe that it is in the wider public interest, or that it is necessary to protect the patient or someone else from the risk of death or serious harm.If you believe that a patient may be a victim of neglect or abuse, and that they lack capacity to consent to disclosure, you must give information promptly to an appropriate person or authority, if you believe disclosure is in the patient’s best interests.There are three possible justifications for this: Occasionally, there will be circumstances where you have to disclose a patient’s records without their consent (and, rarely, in the face of the patient’s clear objection to disclosure). You need to be clear about exactly what part of the record the consent applies to.
Disclosure with consentīefore allowing access to anyone other than the patient or colleagues involved in the patient’s care, generally speaking, you will need to confirm that the person making the request has the patient’s consent. There are limited exceptions to this right, such as the disclosure of third party information, and where information, if disclosed, would be likely to cause serious harm to the physical or mental health or condition of the data subject or any other person. Patients have a right of access to their records under the Data Protection Act. You have a duty to protect the confidential data of your patients under the Data Protection Act (1998) and civil monetary penalties can be imposed for serious contraventions of the act. If not, access should be denied, unless there is some other clear justification for allowing access. Providing access to medical records is essentially a confidentiality issue therefore, the starting point is whether or not the patient has consented to disclosure.
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