Under the Access to Health Records Act 1990 the time period for compliance
for this type of request (recent amendments) was 21 days. However, as I
understand it, this Act now only governs access to the records of a deceased
patient. All other requests have been brought under the scope of the DPA and
therefore the 40 day period should apply, subject to the different fee
provisions.
The OIC has guidance on subject access and health records which does refer to
amendment within 40 days -
"No fee may be charged where the subject access request is to be complied
with other than by supplying a copy of the information in a permanent form -
i.e. by allowing the applicant to inspect the record. This provision only
relates to requests for access to non-automated records at least some of
which was made after the beginning of the period of 40 days immediately
preceding the date of the request. This provision broadly replicates the
provision of the Access to Health Records Act 1990 that, in effect, allows
patients to look at recently created records for free. "
The guidance does not refer to 21 days.
-----Original Message-----
From: [log in to unmask]
Sent: 09 January 2002 16:07
To: [log in to unmask]
Subject: Access Requests
I have received a SAR from a solicitor asking for a copy of a patient's
health record. It goes on to say, in line with the DPA 98, if the record
has been amended within 40 days, we expect to receive the records within 21
days (and not the normal 40)
Can anyone guide me to the reference in the DPA because I can't find it !
Kathy Perkins
Medical Records Manager
Extension 3675
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