Privacy: Access to Medical Records

The Access to Medical Records Act 1988 allows both employers and insurers to a request medical report from a GP. Employers and Insurers are required to seek a patient’s consent prior making a request and a patient must be informed of their right to withhold consent during the process. Patients may also request a copy of the report however, there are some exemptions to this right that can be applied in certain circumstances such as:

• Where serious harm to the physical or mental health of the individual or others or would indicate the intentions of the practitioner in respect of the individual;
• Where the report reveals information about another person, or reveals the identity of another person who has supplied information to the practitioner about the individual.

Controller contact details

Brocklebank Practice
249 Garratt Lane
Wandsworth
London
SW18 4DU

Telephone: 020 3818 8270

Data Protection Officer contact details

dpo.swl@nhs.net

Purpose of the processing

To provide the Employers and Insurers with a Medical Reports following the consent of the patient.

The lawfulness conditions and special categories

The legal basis will be:

• Article 6(1)(a) “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”

And 

• Article 9(2)(a)”the data subject has given explicit consent to the processing of those personal data for one or more specified purposes”

Recipient or categories of recipients of the shared data

The data will be shared with the specified employment or Insurance organisation or specified Officers. Patients may also request a copy of a report.

Rights to object

You have the right to object to some or all of the information being shared with Employers or Insurers. Contact the practice.

Right to access and correction

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention period

The data will be retained for active use during the processing and thereafter according to NHS Policies and the law.

Right to complain

You have the right to complain to the Information Commissioner’s Office