Asking this on a few sites guys.
Who/what says that the blood and other tests, and reports are ours?
Is there some legislation I can quote to get them?
Ive just been told after an all clear ovary ultrasound that
"Its not The health trust policy " to issue them!!!!!!
This in response to my first outright request for a result and report.
As a put off... ok but she didnt say no did she? Hm?
Your insight and guidance as always much appreciated guys
As always
Love
⚽️
response on post in PAS but for the record, for those that are UK based details about the legal position - data protection act - are given here ... and there are likely to be similar provisions in most other countries
google "Access to Health Records"
Yes they are. Quote the Freedom of Information act.
It's the wrong act.
The act you need to quote to have a copy of all or part of your medical records is the Data Protection Act 1998.
The Freedom of Information Act relates to getting information on public record such as statistics on the number of people admitted to A&E in a particular time period. Information under the Freedom of Information Act is stripped of identifying data.
Edited to say: I used the wrong act when I tried getting medical records with a hospital and the hospital admin played games with me stringing out the process. I eventually did have to go the Information Commissioner. So it's important to use the right act when dealing with hospital admin staff.
It's the Data Protection Act 1998. You may have to write a formal subject access request to get a copy.
I've had issues with a hospital in the past over getting records. I eventually escalated to the information commissioner and got what I wanted.
If you requested it and were refused then the steps are:
1. Go to the Trust website and see if there is any information on getting your records. If so follow the procedure as stated there. Ensure you send any letters by recorded signed for delivery.
2 a. If not write a Subject Access Request to the department in question and keep your own copy of it. The letter needs to be concise. In the letter make sure as well as your request you put somewhere that you requested it in person at your appointment, where told it is not the Trust policy and the name of the individual who stated that. The reason for this is in case you have to take it further. Here is a template letter but edit it as I stated - ico.org.uk/media/for-the-pu... You have to wait 40 calendar days to get response but you may get a response sooner.
2 b. If you don't get a response in that time or you get refused again contact PALs and see if they will help you. Alternative get in touch with your MP or the Information Commissioner.
All letters need to be sent by recorded signed for delivery to prove that you sent them. Even if the hospital never signs for them the Information Commissioner, like other regulators, will regard your receipt as proof they very likely received them.
You can be charged £10 for electronic test results and up to £50 for all other medical records.
More information about the Data Protection Act 1998 can be found on the Information Commissioners website here - ico.org.uk/for-the-public/p...
In somewhat different circumstances the Information Commissioner's Office has held that even asking on a support twitter thread can be deemed a valid request. How the request gets to the data controller is of little importance, whether it is couched in precisely the right language or just words that any fool can see mean "tell me what my records say" is completely unimportant.
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