The position on health records is stated quite clearly on the DoH website at
http://www.doh.gov.uk/ipu/confiden/faq.htm#ACCESSING%20HEALTH%20RECORDS%20FO
R%20THE%20LIVING
Hope this helps
Magi Nwolie
Data Protection and Confidentiality Officer
NHSIA Birmingham
Help Desk: 0121 333 0420 - please use for queries
http://www.nhsia.nhs.uk/caldicott
-----Original Message-----
From: rosepattenden [mailto:[log in to unmask]]
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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