How do I make a request for information to be rectified or erased? Generally, this right is not available within health care data due to the information we process often being essential to the provision of care. The right is not absolute and only applies in certain circumstances. This is also known as the ‘right to be forgotten’. Under Article 17 of the GDPR individuals have the right to have personal data erased. Where there is a difference of opinion between the maker/holder of the record and the person (or their legal representative if the person is under 13 years of age or lacks capacity) to whom the information relates then an addendum should be added to the record, at the point where the information is being contended, indicating that the person has challenged the accuracy of the information and their reasons for this. Under Article 16 of the GDPR individuals have the right to have personal information corrected if it is inaccurate or incomplete.Ĭontemporaneous records will not be altered or amended unless the information is proven to be incorrect or misleading as to any matter of fact. Rights of rectification/erasure of information held The fee will be based on the administrative cost of providing the personal data. The Trust may also charge a reasonable fee to comply with requests for further copies of the same personal data. However, the Trust can charge a 'reasonable fee' when a request is manifestly unfounded or excessive, particularly if it is repetitive. The Trust must provide a copy of the personal data free of charge. If the disclosure would put at risk a criminal investigation or catching an offender. These circumstances would be reviewed on a case-by-case basis The Trust may on occasion be unable to provide access to personal data held if the release is likely to be detrimental to health or cause harm.If third party data is included in the personal data being requested this will be redacted unless we have the consent from the third party to release their personal data.There are circumstances where Alder Hey is entitled to withhold information: Proof of your authority to access the record will be required. A personal representative is the executor or administrator of the deceased individual's estate.These are defined by the Act as "the patient's personal representative and any person who may have a claim arising out of the individual's death." The AHRA provides certain individuals with a right of access to the health records of the deceased individual.Health records are normally held for 10 years after the date of death.The Trust will notify the requestor of the extension to the timeframe and explain why this is necessary within one calendar month of receipt of the initial requestĪccessing Information about a deceased person - Access to Health Records Act 1990 (AHRA) If the personal data being requested is complex or there is significant personal data to review, then the Trust is able to extend this period by a further two months. The Trust has one calendar month to provide the personal data requested.They would not be given access to information that would cause them serious harm or any information about another person without the other person’s consent. In England, anyone aged 13 or over is legally presumed to have such capacity (it is 12 or over in Scotland). Young people with capacity have the legal right to access their own health records and can allow or prevent access by others, including their parents.All data subjects, or someone acting on their behalf, can request a copy of their personal data held by the Trust. Right to Access (Subject Access Requests) Article 15 GDPR Please download and complete the application form. Can I see the information held about me and my child? Under Article 15 of the General Data Protection Regulations (GDPR) and Data Protection Act 2018 you have the right to receive a copy of the personal information about you as a patient or your child.
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