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Charges for access to Medical Records under the Data Protection Act
Footnote 01/10/01
The following charges for access to medical records are applicable under the Data Protection Act, 1998.
Automated Record
- Where a permanent copy of the records is to be provided
Manual or Mixed Records (until 24 October 2001)
- Where a permanent copy of the records is to be provided
- £50 maximum based on cost recovery
This may include payment for photocopying and secretarial time, postage and medical time to check the record to ensure that data may be safely released. This
charge is subject to variation by the Secretary of State in October 2001
- Where no permanent copy is required;
- No fee - if recently created records
- £10 ??? - if none of the notes have been compiled after the beginning of the 40-day period that preceded the date of the request, the law makes no
provision either for charging or not charging a fee. The Data Commissioner's opinion is that discretion and good practice are appropriate until the situation is clarified. An access fee of £10 would probably
be considered reasonable.
NB It is permissible under the Act to negotiate with the data subject in order to ascertain whether the whole of the record is required. If the data subject
agrees, then only data compiled after a certain date or relating to a particular condition need be provided. However, if the data subject insists, the whole record this must be provided
Note: Wessex LMCS would never recommend sending the original medical record except on
very rare occassions which should be discussed with the LMC in advance.
Footnote 01/10/01
Following successful negotiations with the Lord Chancellors Department, the £50 maximum charge for copying mixed and manual records and the £10 charge for copying
electronic records will remain unchanged for the forseeable future.
See
News Release from Lord Chancellors Department
Further Information;
BMA Guidance on Access to Health Records
Information Commissioner's Office Guidance; Data Protection Act 1998
Compliance advice -
Access & medical records: fees for access
Data Protection (SubjectAccess) (Fees and Miscellaneous Provisions) (Amendment) 2000 SI
No.191
(This was amended in 2001 so as to remove the 24th October2001 as the
cut off date for the transitional provisions.)
Subject Access & medical records: fees for access
CED 04/07/01 (updated 01/10/01, 22/04/02)
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