Under the General Data Protection Regulation (GDPR) and Data Protection Act 2018, individuals have the right to access their personal data held by organisations. A request by a patient, or an authorised third party, for access to their medical records is called a Subject Access Request (SAR).
Making a Subject Access Request
To request your health records, you can
- Contact the practice to receive a paper form
You’ll need to provide proof of identity before being granted access. No reason is required for making a SAR.
Time frame
The practice has 28 days to respond to SARs. This can be extended by 2 months for complex requests where more time is needed to collect the data.
What to specify
When making a SAR, clarify:
- If you want copies or just to view the records
- If you only need part of your records
- Your preferred format for receiving the records
Authorised representatives
You can authorise someone like a solicitor to make a SAR on your behalf by providing written consent specifying what information can be disclosed.
Children’s requests:
- Competent children aged 16+ can make their own SAR
- For under 16s, the child must demonstrate sufficient maturity
- Parental consent is required if the child lacks competence
- Requests by third parties
Third parties like relatives or attorneys can make SARs for incapacitated adults if it’s in the patient’s best interests. Only relevant information will be provided.
Deceased records:
You can access a deceased person’s records made after 11/1/1991 if you are the personal representative, executor or have permissions. Some sensitive information may be withheld.
Corrections/complaints
If your records contain inaccuracies, you can request corrections. Complaints can be made to the practice first, then escalated to the Information Commissioner’s Office if needed.
The GDPR/DPA gives you rights over how your personal data is handled. Feel free to reach out if you need any assistance with making a Subject Access Request.
Additional resources: For any further information required, please follow the links below on the NHS website: