Medical Records Request

[Alwaysask]

My question is do I have to pay solicitors to access my medical records?
I have already written a formal letter (Subject Access Request) in line with the Data Protection Act and paid a fee of £25. However, the NHS Trust concerned are now trying to compel me to complete a lengthy questionnaire and supply them with full address details before they will release any documents. Can they legally do this since I first sent out a formal request to them? The 40 day period within which to make the records available to me has passed. Lawyers are requesting a large deposit plus high fees to act on my behalf.
What can I do?

[nemesis45]

Re: Medical Records Request

The NHS Trust has an obligation to ensure any records disclosed are provided to the " data subject" are accurate and complete.

The Data Controller must be sure that " you " are who you say you are.
Records may have been recorded any more than one address, these addresses would form part of the
search for you records.

Fill in the questionnaire it's for your protection as much as anything else.

nem

[Kati]

Re: Medical Records Request

I agree with [MENTION=55034]nemesis45[/MENTION] - you'll find more info here http://www.nhs.uk/chq/pages/1309.aspx?categoryid=68

I do have a question tho' ... why have you paid £25 for the SAR are you wanting something that they cannot easily provide? There's a set fee schedule for them - http://www.nhs.uk/chq/Pages/2635.asp...CategoryID=160

You may be charged a fee to view your health records.Charges for health records that are:

• held electronically: a maximum of £10
• held in part on computer and in part on other media: a maximum of £10
• held entirely on other media: up to a maximum £10 charge, unless the records have been added to in the last 40 days in which case there should be no charge.

If a person wishes to view their health records and then wants to be provided with copies, this would still come under the one access request. The £10 maximum fee for viewing would be included within the £50 maximum fee for copies of health records, held in part on computer and in part manually.
By law, you're entitled to receive a response no later than 40 days after your application is received and any relevant fee has been paid.

[stevemLS]

Re: Medical Records Request

My NHS body charges between £10 - £50 according to the volume of records.

It is in Reg 6 of the Data Protection (Subject Access)(Fees and Miscellaneous Provisions) Regulations 2000.

s7(2)(b) of the DPA enables the data controller to make whatever enquiries he reasonably considers necessary to satisfy himself as to the identity of the data subject.

OP needs to be aware that there is no such thing as a complete health record and so separate requests may need to be made to GP, each hospital that has provided treatment and so on. Each is a distinct data controller (and may charge a separate fee).