About Us: Accessing Health Records

Access To Your Records

The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) gives people the right to know what personal information an organisation holds about them. To use this right, you can make what is known as a ‘subject access request’.

How Do You Apply?

All applications to access your health information can be made in writing or by contacting:

Information Governance Manager
NHS Western Isles
37 South Beach
Stornoway
Isle of Lewis
HS1 2BB

Telephone: 01851 708031 or 01851 708037
Email: wi.infogov-wihb@nhs.scot

We have developed an application form to make the process easier (see below) and ensure that we capture all the information required to process your application in a timeous manner.

Who Can Apply?

You can make your own application to see your records or you can authorise someone else to make the application on your behalf. A parent or guardian, a patient representative, or a person appointed by a Court can also apply.

How Long Does It Take?

The maximum period is one calendar month from the date the request is received.

How Much Does It Cost?

There is no charge for access to medical records.

What Records Can You See?

You can apply for access to records that have been made about your health. You can ask for any information about yourself that you think is inaccurate or incomplete to be corrected or removed. Any abbreviations or jargon in the record can be explained to you.

Reasons Why You May Not Be Able To See Your Records

There are valid reasons for refusing you access to your own health records. Here are some recognised reasons:

• If information in the record could cause you harm
• If the record contains sensitive legal information, e.g. a pre adoption report, or a report to the Children’s Panel.
• If your record contains information about another person, e.g. a letter about a family member.

Accessing The Records Of Someone Who Has Died

The Access to Health Records Act 1990 lays down strict guidance on what personal information can be provided to a third party regarding a deceased patient. Our application form has therefore been designed to provide us with sufficient information to ensure that we only provide access to those who are legally entitled to receive this.

The Act gives certain people a right to see the health records of somebody who has died. These people are defined under section 3(1)(f) of that Act as:

• the patient’s personal representative. This will be the executor or administrator of the deceased person’s estate.
• any person who may have a claim arising out of the patient’s death.

Application Forms

Useful Links

The ‘How the NHS handles your personal health information’ leaflet explains how your personal health information is handled in line with the General Data Protection Regulations and Data Protection Act 2018.

NHS Inform provides information on health records; how they are stored, how they can be accessed and/or viewed, as well as viewing the records of someone who is deceased. Click here to view.