Wednesday 29 April 2015

Data Protection Act

Garden House Solicitors of Hertfordshire
Article by Patricia Ling
Do you know that under the Data Protection Act 1998 you have the right to ensure that all information held on you is factually accurate and if you can prove that is not the case you can make a formal request to the party holding the records for them to be rectified.  This includes your medical records.  You are entitled to ask your GP for a copy of your medical records and they are likely to make a small charge for provision of the same, the maximum that GP surgeries can currently charge is £50.  If you find anything in your medical records is inaccurate you are entitled to write to the NHS Trust that holds the records and request rectification.

If the Trust does not rectify your records, you can make a formal complaint under the NHS complaints system. If the Trust is unreasonable you also have the right to take the matter to court, although at present you have to show that the inaccuracy is harmful to you in some way. (The same applies if you want to challenge inaccuracies in social work records).

If the record is factually correct but you dispute a doctor's opinion, you have no legal right to get the record changed or deleted but you are entitled to have it noted on your records that you do not agree with the GP’s opinion and it will help your argument if you get a more recent medical report which agrees with you and disagrees with the doctor's opinion. Even if you do that the Trust concerned will not normally agree to delete the earlier reference but will insert a cross-reference to the later report.

For help and advice regarding data held about you please contact Patricia Ling on 01992 422128 or by email

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Garden House Solicitors of Hertfordshire

Tel: 01992 422 128

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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