Requesting Personal Data
You have a right to apply for access to information held about you, this is known as a Subject Access Request (SAR).
The Data Protection Act 2018 and the UK General Data Protection Regulation grants a right for living individuals to access their own records. The right can also be exercised by an authorised representative on the individual’s behalf.
The Access to Health Records Act 1990 grants a right of access to deceased patient health records by specified persons.
Please read the guidance below explaining how to apply and what you will need to provide.
How to apply
To obtain copies of records, a request can be made in writing by using the appropriate form below.
https://wuthcompliance.houseonthehill.com/GDPR_Request (living individuals)
https://wuthcompliance.houseonthehill.com/Access to Deceased Records (deceased individuals)
Applications can be made verbally* to the Access to Information Office on 0151 604 7120. However, in the interests of keeping your information confidential you will be asked to provide proof of your identity before any information is released, so it is likely you will still need to write to us with these documents.
*Please note, access to the records of a deceased individual must be made in writing.
Proof of Identity and right of access
If applying for access to your own records, you will need to provide proof of identity, such as a copy of a passport, photo driving licence or equivalent identification. If you do not hold photographic identification you will need to provide copies of two forms of identification that confirms your current address and date of birth. Examples of suitable ID include a full birth certificate and a current utility bill/bank statement etc.
If you are applying for records on behalf of a patient, you will need to send proof of your identity and proof of identity for the patient together with written authorisation from the patient.
If applying for access to deceased patient records the Trust will require proof of your identity, a copy of the death certificate and your right of access to the health records. Please send a copy your passport, photo driving licence or sufficient equivalent identification.
If you are the deceased patient’s legally appointed executor or administrator please send a copy of the Will, Grant of Probate or Letters of Administration. If you have a claim arising from the patient’s death you are required to send documentary evidence to support this for example, a solicitor’s letter or insurance claim.
Accessing personal records of deceased individuals
If an individual is deceased, there is still a duty of confidentiality to that person.
In accordance with the Access to Health Records Act (AHRA) 1990 only the Personal Representative or someone who has a claim arising out of the patient’s death is legally entitled to apply for disclosure of any health records which may support a claim.
The AHRA governs the right of access to a deceased patient’s health records by the following specified persons and evidence will be required to support this: -
- The patient's personal representative (this will be the executor of the will or the administrator of the estate)
- Any person who may have a claim arising out of the patient's death
In all other circumstances, the Trust may consider a voluntary disclosure of information. In the first instance please contact the Access to Information Office at wih-tr.accesstoinformationoffice@nhs.net who will be able to advise further in this respect. Records prior to 1st November 1991 may not be accessible under this Act unless they are relevant
How long does it take?
Once we have the information we need from you we will respond to you within one month unless your request is complex and/or numerous and we need more time. If this is the case, we will contact you further and provide you with a timescale. The extension will be no more than 2 months.
As a requester you do not have to tell us the reason for making the request, however we may reasonably require further information from you in order to locate the data you are seeking. This means that where there are very general and wide requests for data, it may be reasonable for us to ask you for some further clarification to enable the data to be located. For example, if a request is made for "all information relating to myself" it may be reasonable to ask if you are able to provide a specific time period or to ask if the data requested is in relation to a specific incident, project or other issue, to enable those records to be located.
Fees
The hospital does not routinely charge for processing access to health records and personal data requests. Under data protection law one copy of the requested information will be provided free of charge. However, if an individual’s request for information about themselves is duplicated, excessive or repetitive, a reasonable fee may be charged and they will be advised of this once their request has been assessed.
Providing patients with access to their health record while in hospital
While patients are being treated in hospital, they may ask their consultant or other health professionals for any information pertaining to their treatment.
The UK General Data Protection Regulation gives provision for patients to access their health records but there is a strict access procedure, as detailed above, that must be followed before release of their health records.
Exemptions to access
You may not be allowed to see records if:
- your doctor or another senior healthcare professional thinks seeing your records could seriously harm you.
- the information involves an identified person who does not consent to it being disclosed. This does not include either you or any healthcare professional.
- you are applying on behalf of someone who has died or cannot manage their own affairs, and they originally instructed that the information should not be revealed.
Contact us
For any further information about accessing personal information, please contact us using the details below.
Email: wih-tr.accesstoinformationoffice@nhs.net
Telephone: 0151 604 7120