Who can and cannot complete a subject access request (SAR)?
Competent patients
Competent patients may apply for access to their own records or authorise third-party access to their records.
Children
Children and young people may also apply in the same manner as other competent patients and the practice will not automatically presume a child or young person has capacity under the age of 16.
However, those aged 13 or over are expected to have the capacity to consent to medical information being disclosed.
Parents
Parents may apply to access their childs health records so long as it is not in contradiction to the wishes of a competent child.
Individuals with a responsibility for adults who lack capacity
Individuals with a responsibility for adults who lack capacity are not automatically entitled to access the individual’s health records. The practice will ensure that the patient’s capacity is judged in relation to particular decisions being made.
Next of kin
Next of kin have no rights of access to health records.
Police
Police are not able to access health records without first obtaining a court order or warrant. However, health professionals at the practice may disclose relevant information to the police if the patient has consented or if there is an overriding public interest.
Solicitors and insurance
Solicitors and insurance companies in most cases will provide the patients with signed consent to release information held in their health records. The Hollies will ensure that patients are fully aware of the information being provided to the solicitor who is acting for that patient.
If the practice agrees to your subject access request (SAR)
If the practice agrees to your SAR, we will respond within one month and include all the data which has been requested, providing all the data we hold is regarded as acceptable to release.
If the practice declines your subject access request (SAR)
The practice can decline a SAR under the GDPR regulations. However we will justify why it has been declined within the one-month deadline and explain how you can complain against our decision. There are many reasons for declining such as the data has not changed since a previous request was made, or if it would cause harm to your or anyone else mentioned in your records.
One month deadline
The practice can inform you that we require extra time, for example, when the practice decides it will take longer than a month to collate and supply the data. In this case, we will tell you this within the usual one month deadline and we have up to an additional two months to provide the information.
When can the practice charge?
The practice can apply certain charges for repeat requests and for unfounded or excessive requests.
If you would like to submit a subject access request, please complete our application for access to medical records form.