So following on from previous post healthunlocked.com/pasoc/po... called into surgery to query what was happening with SAR. So I explain what I want to check on, blank faces, I point out it is now well past deadline and there has been no contact from them. So basically very long story cut short, they said but the system is changing, so you will only be able to have access to anything after the 1st October as that when it's changing. I pointed out the request was put in 29th August so no I would be able , legally to have my records. They then tried to tell me that the extra information was now on MyGP app, I pointed out it was not full records and it was inaccurate, another 5 mins of mind numbing circular discussion at which point I said yes we'll see, and left as I was well and truly at the end of my tether and didn't want to risk prison. Think I need to ramp it up a bit,,, mmm what next?
Following on from SAR saga: So following on from... - Thyroid UK
Following on from SAR saga
put something in writing politely to practice manager
that you understand that the system is just undergoing change, but you need (and are legally entitled) access to your results
will try that @eggsforlunch mentioned " a letter before action" , tried to tell the staff I spoke to that patients are legally entitled to their records and the amount of waffle that ensued nearly lost it, once more unto the breach Dear friends
Be careful with “letters before action”… These normally refer to your willingness to take court action and these letters are a formal notice of such action. Unless you’re willing to go down that litigation road, which could become very expensive and in addition leave you needing to find another GP, I would think rather carefully before calling a communication a “letter before action”.
handed this in this morning
I wrote to you on the 29th August 2023 requesting access to my medical records under section 45 of the Data Protection Act 2018.
To date I have not received an acknowledgement of my request or a response. A copy of my request is included for your information,
I understand that a public body has 20 working days to comply with information requests and you have now exceeded the statutory timescale. I would therefore be grateful if you could give your response as soon as possible.
I think that the changes that they are possibly referring to are that by 31 October GPs must provide access to the whole of your medical record.
At the moment, depending on your agreed level of access, you can see much of your record including test results. However as of 31 October, you should have total access including full details of consultations, conversations with between you and health professionals and between health professionals themselves.
I’ve recently had a letter about this from my GP Practice. I should add that this letter did its best to dissuade and said that it may be advisable to request that such access be limited - just in case records were accessed by people who could use the information to the disadvantage of patients.
Good try - but there’s no way I’ll be giving up this right. It’s been fought for for many years.
Yes they tried to tell me that there is no way I would ever be able to see details of consultations , or conversations between myself and health professionals or indeed their chats about me. I know they will not be completely open about what is said behind closed doors, I mean I don't think they have heard about duty of candour.
They are obliged to make them available to you. The only way they can avoid your having access to them is if you opt out. As SlowDragon says, you may have to opt in. Opt in, opt out - I think many practices are trying to confuse patients or make it difficult for them to understand the new rules.
Keep your eye on the ball
There’s no way you’ll ever know about their ‘private chats’ and you probably wouldn’t want to 😤.
I was a teacher before my retirement and we were buried in legislation about record keeping, entitlements to information etc. However, whatever was said in the staff room stayed in the staff room.
Our GP practice notified us this week “that after much consideration…..full record would only be available if patient requested it ……not automatically available “
Conversations? Such as telephone conversations or private chats? Somehow I find it hard to believe everything will be available.
I am actually much more interested in how much can be edited retroactively on our notes and how we may unearth this from our records. Any ideas?
No. Not private chats (see above). ‘Conversations’ is the term for brief resumes of consultations.
The only way retroactive editing can be identified is through audit trails. Every interaction with your notes is electronically recorded.
A polite letter to Practise Manager stating you are upset because although you requested access to your records, in August including results of tests the staff don't seem to understand that you are entitled to access your file and so far haven't given you acess. You are mystified by this. Please could he/she assist in resolving this matter.
I would not be threatening as it usually closes not opens doors.
. .
It says I have to give them a chance to rectify things first, I have enquired by phone and in person twice so think I'll fire a warning shot, short polite reminder in writing that they have failed to comply to my request, that they have not informed me of the reasons for their failure, and that they need to rectify this situation ASAP, if they fail to do so I shall inform ICO and follow their advice, does this sound about right SlowDragon
may be not mention ICO yet
could be right 👍
we had in-depth update and links yesterday from GP practice
If you opt into to access online…..going forward most information should be available to see
BUT nothing more retrospectively
Retrospective information only available by specific request and (probably) not digitally
I signed up for all the NHS online stuff but my surgery hasn't and so nothing can be seen. Apparently they haven't given permission.
Access to Patient Records Online
Gp sticking to blood test ranges
Stand your ground folks on the T3 Saga!
Reply from GP Surgery to medical record access
