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Johan My researches into your question may be of use Access to Health Records (AHR) 1990 Its 'Section 3 Right of access to health records' reads 1) An application for access to a health record , or to any part of a health record, may be made to the holder of the record by any of the following, namely- a) the patient b) a person authorised in writing to make the application on the patients behalf; c) where a record is held in England and Wales and the patient is a child, a person having parental responsibility for the patient; d)(applies to Scotland only); e) where the patient is incapable of managing his own affairs, any person appointed by the court to manage those affairs; f) where the person has died, the patients personal representative and any person who may have a claim arising out of the patients death. DPA 98 Schedule 16 Repeals AHR1990 'section 3 subsection 1(a) to (e)' This appears to leave f) only. This indicating that DPA98 replaces access to health records for living individuals with the AHR 1990 applying to records relating to deceased individuals. Previously AHR Act excluded access to any records with DPA1984 would give access to. (computerised) but this section now repealed. Again indicating DPA had priority. DPA 98 gives access to accessible records (defined in its section 68). Schedule 8 Transitional Part II Sections 2 and 3 show data immediately accessible to subject access requests under section 7. There is a distinction regarding effects of the other principles for 'accessible records' collected after 24/10/98 but no other date restrictions I can find. I would believe you are correct in your analysis based on DPA section 68. This simply defines accessible records as any record made by or on behalf of a health professional (defined in section 69) which consists of information relating to the physical or mental health or condition of an individual. Hope this helps David Wyatt (Data Protection Manager - Norwich Union) ----- Original Message ----- From: "Johan Wilhelmsson" <[log in to unmask]> To: <[log in to unmask]> Sent: Tuesday, April 25, 2000 5:10 PM Subject: Health Records/New Member > Hi, > > I'm a new member to this list, and have a question about the Access to > Health Records Act 1990. > > Am I correct in my understanding that the introduction of the DPA 1998 > extends the existing access rights under the Access to Health Records Act > 1990 to include records created PRIOR to the coming into force of that Act > (i.e. 1991), although this retrospectivity does not apply where the patient > has died and you are the patient's personal representative, or you have a > claim arising out of the patient's death? > > If anyone can confirm this, I'd be most grateful? > > Johan Wilhelmsson > legal researcher > Campaign for Freedom of Information > > > %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%