Its an extremely complicated bit of drafting, which boils down to this:
(1) Where you supply copies of a health record which consists of or
includes manually recorded data the maximum fee is £50. (This
reflects the fact that such data may include things like X-rays which
can't just be run through the photocopier.) The £50 maximum only
applies to requests made before 24/10/01. A new fee arrangement may
apply thereafter.
(2) Where the health record consists *solely* of manual data, and
some change to the data was made in the 40 days before the request,
no fee at all can be charged. (This repeats a provision in the
largely repealed Access to Health Records Act 1990, designed to allow
free access to manual health records by patients who had recently
been seen by a health professional.)
(3) Where access to a health record is given by permitting the
applicant to *inspect* the record without taking copies, the maximum
fee is £10.
(4) Where the health record is purely in automated form, the maximum
fee is £10.
Regulation 6 does not apply to all "accessible records" but only to
those which are health records (ie made by or on behalf of a health
professional in connection with the care given to an individual). It
therefore does not apply to a housing record or a social work record,
even if the housing officer or social worker describes the client's
health. These are subject to the £10 fee.
Maurice Frankel
Campaign for Freedom of Information
At 5:42 pm +0000 17/1/01, Edwina Withe wrote:
>Some help needed pls !
>
>SI 2000 No 191
>
>The data Proteciton (Subject Access) (Fees & Misc Provisions) Regs 2000
>
>Transitional Provisions in respect of health records states that the
>maximum fee which may be required by a data controller under section
>7(2)(b) of the act is £50 .
>
>However it says " a data controller may not require a fee under
>sectoin 7(2)(b) of the act where the data is part of an accessible
>record defined in Schedule 12. In sched 12 - this is defined as
>Housing or Social Services.
>
>Does this mean that I can charge up to £50 for a SAR or does it mean
>that I can charge up to £50 for the bit which comes under Section
>68(2) (see below)
>
>a) information relating to the physical or mental health or
>condition of the individual
>
>b) any record which has been made by or on behalf of a health
>professional in connection with the care of that individual
>
>Does this infer that there are two levels, depending on what is
>being requested? £50 for a doctor's report or a social workers
>health report - £10 for a "normal "subject access??
>
>Edwina Withe
>Data Protection Officer
>Bracknell Forest BC
>
>
>
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