Access to your records

You have the right to see or have a copy of your health records. You might want to know more about treatment that you’ve had or check that your information is correct.   The information below explains your rights.


What are my health records?

They are records that include information about your health and any care or treatment you’ve received. This could be, for example, test results, x-rays or letters to and from NHS staff.

How and where are my health records kept?

•  Your records can be written on paper, held on computer or both.
•  Different parts of the NHS hold records. For example, your GP surgery and any hospital you have been to may hold records about you.
•  The NHS has guidelines about how long health records should be kept. If you would like more information about this, speak to the person in charge of health records at the place where your records are kept. In your GP surgery this is the practice manager, and in hospitals it will probably be the records manager.

How do I ask to see my health records?

•  You can see your records and, if  you choose, you can get a copy.
•  You don’t have to see or get a copy of all of your records - you can ask for just some parts. You might have to give information to help identify the parts you want.
•  If you ask a member of NHS staff providing your care, they might show you your records, or suggest that you come back to do this. However, staff don’t have to show you your records unless you ask in writing. To do this, write to the business manager at your GP surgery, or the records manager at the hospital or other NHS organisation which holds your records. In the letter you should: 
  
• ask either to see or have a copy of your records
•  say whether you want all or just part of your records
•  You might need to fill in an application form and give proof of your identity.
•  You should say if you would like your records to be given to you in a format that meets your needs. This will be done wherever possible.
•  You do not need to give a reason for wanting to see your health records.

Who can apply to see my health records?

• Generally, you can apply if you’re able to understand what is involved in applying to see your records.
• You can apply to see someone else’s records if: 

• they have agreed to this
• you are a parent, guardian, or main carer, and your child doesn’t understand what is involved
• you have a welfare power of attorney or a welfare guardianship order for someone who cannot make decisions for themselves and the order gives you the power to look at their health record
  

What will I see?

If you look at your records at your GP surgery or hospital, it’s likely someone will be with you while you see them. What you see might be a paper file, a computer printout or a photocopy.

•  If you ask for a copy, it could be a computer printout or a photocopy.
•  NHS staff should explain any jargon or words that you don’t understand.
•  Some information on your records may be kept from you. For example, this includes information that:
  
• could cause serious harm to your, or someone else's, physical or mental health
•  could identify another person (except members of NHS staff who have treated you), unless that person gives their permission
•  When someone else is allowed to see your records, that person will not receive information that you have told NHS staff you don’t want them to have.
•  NHS staff don’t have to tell you if information has been kept from you. If you suspect that information has been kept from you and you’re not happy about it, click here to see ‘What if I’m not happy?’

 
How much does it cost?

• There is not a charge to view your records or for a first copy of your records however if you request an additional copy of your records there will be an administrative fee of up to  £50 depending on the size of the records.

After I’ve applied, how long will it take?

• Once your request has been received and you have provided us with enough information for your personal information to be located, we will respond to your request without delay, within one month (30 days). However, if your request is complex we may take longer, by up to two months, to respond. If this is the case, we will tell you and explain the reason for the delay

What if I think information in my health records is incorrect?

• If the personal information we hold about you is inaccurate or incomplete you have the right to have this corrected.

• If it is agreed that your personal information is inaccurate or incomplete, we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex. However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request. Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.

• If for any reason we have shared your information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate. 

• If on consideration of your request Braids Medical Practice does not consider the personal information to be inaccurate then we may add a comment to your record stating your concerns about the information. If this is case we will contact you within one month to explain our reasons for this.

• In most cases, information can’t be removed from your records unless a court orders it. NHS staff need your full records to understand earlier decisions that were made about your care and treatment.

Can I see the health records of someone who has died?

•  The law allows you to see records made after 1 November 1991. But generally, records are only kept for three years after death.
•  You can only see that person’s records if you are their personal representative or executor, or if you have a claim for compensation as a result of that person’s death. If you are claiming compensation, you can only see information which is relevant to the claim.
•  You will not be able to see parts of the records which: 
  
• Could cause serious harm to your, or someone else's, physical or mental health
• Could identify another person (except members of NHS staff who have treated the patient), unless that person gives their permission
•  You will not be able to see the records of someone who made it clear that they did not want other people to see their records after their death.

 
What if I’m not happy?

• Braids Medical Practice employ a Data Protection Officer to check that we handle personal information in a way that meets data protection law. If you are unhappy with the way in which we use your personal information, please tell our Data Protection Officer using the contact details below.

Data Protection Officer

IT Governance

Woodlands House

74 Canaan Lane

Edinburgh

EH9 2TB

Phone – 0131 465 5444

Email: Lothian.DPO@nhslothian.scot.nhs.uk

Please note emails from your private email address may not be secure.

• You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO). Details about this are on their website at www.ico.org.uk  

How to find out more ? 

Further information can be found by contacting NHS inform on 0800 22 44 88  or on the NHS inform website: NHSInform