Access to health records
Access for patients
Under the Data Protection Act 1988 patients have the right to access their health records and obtain an explanation of their content. Healthcare organisations normally have a defined procedure for patients to apply to access their records and they may apply a charge. Advanced practitioners should ensure that any entries in health records can be clearly understood by both professionals and the public.
| Legislation | Implication |
| Access to Health Records Act 1990 | Right of access to manual record made after 1 November 1991 |
| Data Protection Act 1998 | Access to computer held records |
| Freedom of Information (Scotland) Act 2002 | Access to information in relation to the health care system via recognised application process |
Under the terms of the Health Records Act 1998 there is a separate right of access available to the patient and in some aspects their relatives, where the care given relates to the right to respect for their private and family life. In Gaskin v UK (1990) the European Court of Human Rights emphasised that there should be a specific justification in preventing individuals from having access to information that forms part of their private or family life. This information may be contained within their health record.
Access for employees
Health Boards are the legal owners of patient records and it is
for the Health Board to determine who has the right of access to
different parts of the records. Everyone within the
organisation does not have the automatic right of access to patient
records merely because they are an employee of the Health
Board.
