Subject Access Requests – accessing medical records
When you visit an NHS service, information about you and the care you receive is recorded and stored in a health and care record.
Subject Access Requests – accessing medical records
You have the legal right, as a service user, to request a copy of the personal information that The Mid Yorkshire Hospitals NHS Trust holds about you, in line with the General Data Protection Regulation (GDPR).
Any request for personal information (medical record) from us is known as a Subject Access Request.
Your medical record can include information such as:
- Your name, address and date of birth
- Details of your next of kin or named emergency contact
- Details of your hospital appointments
- Notes about your health and any treatments and/or procedures you have undergone
- Test results, e.g. laboratory and X-ray result
Find out more about accessing medical records by viewing the information below.
What ID do I need to view my records?
We’re not allowed to release any information without being satisfied about your identity. This means we’ll ask you to provide:
- Copies of two identity documents
- One proof of address
- Written consent from the patient if you’re requesting records for someone else
- Evidence of parental responsibility
- Power of attorney for health and welfare if you’re a carer
- Proof of probate or letters of administration if the patient is decease
What happens after I have made my request?
Once you have made a written request to Access to Medical Records your request will be logged onto our Data Protection Act 2018 compliant electronic portal (Infreemation) and once confirmed that it is a valid request, will be processed in accordance with the Data Protection Act 2018 which adopts General Data Protection Regulation (GDPR).
When we have retrieved the records requested, you will be alerted through Infreemation (via email) that the requested documentation, which is encrypted, is ready to be accessed. You will be provided with a link and password to download and decrypt the files.
It is important to note that the link will only remain valid for a few days, so please ensure that you have downloaded all required information within that time.
Please note, the trust is currently working to create an online request form. Once this is available the Access to Records Team will make this option available to you.
How long will it take for me to receive my healthcare records?
Once we’ve received your request, we’ll acknowledge your application within two days. Your records will be sent to you within one calendar month of us receiving proof of your identity. We will endeavour to respond to any Subject Access Requests as soon as possible. We will contact the applicant if anything delays this process.
Will there be a charge?
We will not charge you for giving you a copy of your records. We may charge you a fee if you ask us to give more than one copy of the same information. The fee will be based on the administrative cost only.
Who has the right of access to my healthcare records?
Those who have the right of access to your healthcare records are:
- You (the patient)
- A member of staff
- A person authorised in writing to apply on your behalf
- A person with parental responsibility for a patient who is a child
- Any person appointed by the Courts to manage the affairs of a patient who is deemed to be incapable
For any application to access a child or young person's health record we are obliged to consider the following:
- The child's level of maturity and their ability to make decisions with regard to access the nature of the personal data
- Any Court orders relating to parental access or responsibility that may apply
- Any duty of confidence owed to the child or young person
- Any consequences of allowing those with parental responsibility access to the child or young person's information
- Any detriment to the child or young person if individuals with parental responsibility cannot access this information
- Any views the child or young person has on whether their parents should have access to information about them
Can access be denied to me?
There are sections in the regulations which state that under certain conditions access can be refused. These are:
- Where the holder of the records is not supplied with such information to satisfy themselves as to the identity of the applicant.
- Where the patient has died and the record includes a note made at the patient's request that they did not wish access to be given to their personal representative or to any person having a claim arising from the patient's death.
- Where in the opinion of the record holder, the information may cause serious harm to the physical or mental health of the patient or other individual.
- Where information is provided by a third party, who would be identified from that information.
Where can I find out more?
You can find out more about how we process requests by reading our Access to Health Records leaflet. [insert link]
You can read more information about accessing your medical records on the NHS website.
For more information about accessing someone else’s records, please view the NHS common questions:
Contact us
If you have any questions regarding Subject Access Requests, you can contact us via phone or email.
- Telephone: 01924 543697/543700
- Email: midyorks.accesstorecords@nhs.net
Please note that we can only accept Subject Access Requests on a fully completed Subject Access Request form.
Information will be provided to applicants in an electronic format via our Subject Access Request portal Infreemation.
If you require a paper version of the Subject Access Request form, please contact us using the details above.
Add in re complaints process (ICO). Information is confidential