Rosemary
Schedule 16 Repeals and revocations references the amendments to The Access
to Health Records Act 1990 see
http://www.legislation.hmso.gov.uk/acts/acts1998/80029-ah.htm
For AHR Act 1990 see
http://www.legislation.hmso.gov.uk/acts/acts1990/Ukpga_19900023_en_1.htm
It does contine alongside DPA as it is not totally repealed (so does the
Access to the Medical Reports Act 1988) but DPA supercedes as per its
revocation section. the AHR Act 1990 has other rights extending beyond
Access such as process of correction to records section 6.
As ever the Devil is in the detail. In general terms however I believe your
understanding is not far out.
DPA section 30 permits modification to DPA Subject Information provisions
via any orders issues. These have to be tracked on an ongoing basis. Im not
aware of any at present. Anyone else know of any.
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of rosepattenden
> Sent: 20 March 2002 19:34
> To: [log in to unmask]
> Subject: Medical Data and the Data Protection Act 1998
>
>
> In a newly published leading book on civil liberties and human
> rights I have just read that the Access to Health Records Act
> 1990 "continue[s] to operate longside the Data Protection Act
> 1998, as the Secretary of State is empowered to exempt
> information about health from the access right of data subjects
> under the 1998 Act fn s.30(1)"
>
> It is my understanding that the 1990 Act only continues today to
> apply to access in respect of a deceased patient (since the DPA
> applies only to the living). But it is clear from the context
> that the author of this new work is talking about the living and
> the dead (including children who want to have access to their
> medical records). I would be grateful to be told if I have
> completely misunderstood the legal position.
>
> Rosemary Pattenden
>
> Professor Rosemary Pattenden
> School of Law
> University of East Anglia
> Norwich NR4 7TJ
> United Kingdom
>
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