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Hi All,
I am in the process of obtaining a copy of my medical records from my GP under the data Protection Act 1998.
In resonse to my original enquiry I have received a letter informing me that yes I can have have a copy of my records for a fee of £50.
This is to "cover postage and photocopying charges plus a charge for a doctors time to check your record"(my emphasis)
My questions to the forum are these:
a) Are the fees mandatory?
b) Or am I right in thinking that the £50 is the maximum amount payable in law and not a set charge? And for this amount the format would be a mixture of computer disc and paper documents?
c) Can a charge be made for the GP's time to"check my records".
I'm all for fair play and prepared to pay photocopying if there are any paper records but 50 quid to dowload my records onto a cd and post it to me seems excessive when the average GP is earning over £100,000 p.a.
Thanks to all in anticipation of any help and guidance.
Thanks for the heads up and yes you are right it does answer some of my questions.
I have checked also on the data Protection Act website,the BMA website and the DoH website and they all state that a fee can be made for physically copying the records from which ever format.Either computerized records to a CD Rom or for paper records to be photo- copied.What I cannot confirm is that the DPA allows for a charge to be made to "check my records".The cynic in me says that this is a smoke screen to charge the maximum permissible in law and that the records will be "checked " by a junior member of staff.
If they are providing computerised records only, then the maximum fee is £10. If they are also providing manual records then they can charge up to £50. It doesn't matter who they pay to do what or how they break it down - the maximum is £50.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Section 7(2) in conjunction with both the Data Protection (Subject Access)(Fees and Miscellaneous Provisions) Regulations 2000 and 2001 (respectively SIs 2000 No.191 and 2001 No.3223) determine what fees can be charged for access to health records. These are -
a. a maximum of £10 where a record is wholly computer based;
b. a maximum of £50 where a record is wholly manual or a mixture of manual and computer based;
c. free to view a record which has been updated within the 40 day period prior to the access request; d. a maximum of £10 to view a record which has not been updated for 40 days.
My sincere thanks to all who have taken the time and touble to respond.
Will now proceed and seek clarification from the surgery which format the records are held in to see which max. fee is payable.
Cheers
Fee for Reviewing Medical Records
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