Potential Delays due to COVID-19
Your request for information may be delayed due to urgent operational responses to dealing with Public Health priorities. We apologise for any inconvenience this may cause, we do remain committed to responding to your request and will respond as soon as we are able. Should our response to your request breach the statutory timeframe and you remain unhappy with our response you have the right to complain to the Information Commissioners Office.
Further information and independent advice regarding the Data Protection Act 2018, incorporating the General Data protection Regulation 2016 is available from the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, www.ico.org.uk ,Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.
Under the Data Protection Act 2018 (DPA) individuals have a right to request a copy of personal information (e.g. health records, personal files) that organisations holds about them.
This also applies to representatives of patient that have passed away under the Access to Health Records Act 1990 (AHR)
To read more about the legislation, please click on the following link; Government Legislation Data Protection Act 2018.
When making a request under either the DPA 2018 or AHR, please be as specific as possible regarding the information you wish to obtain, include relevant dates, clinics, wards, events, specific meetings etc. This will assist the Information Governance Department in locating the relevant information.
Children have the same rights as adults over their personal data. These include the rights to access.
Children may apply themselves – where it is considered that the child has the competence to be able to understand the nature and implications of making a request.
If they are considered competent, they should also be consulted regarding any request that has been made for their records by another individual, i.e. a person with parental responsibility.
If a child is competent then, just like an adult, they may authorise someone else to act on their behalf. This could be a parent, another adult, or a representative such as a child advocacy service, charity or solicitor.
A person who has parental responsibility for a young child or child that may not have the competence to understand can request access to the child’s records. (Release of records is usually only made in the best interests of the child).
Read our Guidance on Requests for Information.
View our contacts page.
What will happen once the Information Governance Department receives your request?
We will acknowledge receipt of your request in writing or via e-mail.
If we have all the information we need to process your request, we will acknowledge this and notify you of the date by which you are likely to receive a response. This is usually no later than one month from the date that we receive the complete request. If we anticipate a delay for any reason, we will notify you of this also, as well as a full explanation.
If we do not have all the relevant and correct information we need to process your request, we will notify you in writing that further information is required.
Why do you need to provide proof of identity/authority?
We need to take steps to ensure that other people are not trying to obtain your personal information dishonestly. Providing us with copies of your personal documentation showing details such as your name, address and/or date of birth enables us to determine if a subject access request is genuine.
If a request is relating to a deceased patient, the requestor will be required to provide documentary evidence of their rights; this may be in the form of the deceased’s will, etc.
Please note; being someone’s next of kin does not give you an automatic right to access their personal information.
How much will I have to pay?
In most cases there is no fee, however, where a request is manifestly unfounded or excessive, or if an individual requests further copies of their data within a short period of time, we may charge a “reasonable” fee for the administrative costs of complying with the request.
Will I receive a full copy of the requested information?
In relation to wat you have requested from RDaSH, we do our best to provide all that is available. However, some records may contain third party information (e.g. input from another person, information provided from another hospital that is not relation to the continuation of the patient care, etc), therefore restricting the rights to access this information may be made to protect you or the rights and freedoms of others. Each request is dealt with on an individual basis, whereby redaction (blanking out or removal of data) is made only in limited circumstances.
What if I am not happy with the way in which my request has been handled?
- Visit our Information Governance web page, telephone them on 01302 796189 or email them at email@example.com
- Should you have any further queries about the uses of your information, please email the Trust’s Data Protection Officer at firstname.lastname@example.org
- Access our Complaints Team / Patient Advice and Liaison Service web page; or
- To get further advice or report a concern directly to the Information Commissioners Office (ICO), the UK’s independent authority, you can click here to access their website or telephone them on 0303 123 1113
Please note; that the ICO does not support complaints or queries that have been made under the Access to Health Records Act 1990 (relating to deceased persons)
Application Forms to be sent to:
Post: Information Governance, Woodfield House,
Tickhill Road Site, Balby, Doncaster, DN4 8QN
Read our Guidance on Requests for Information.
View our IG Contacts Page.