Access to Health Records Act 1990 explained

Short Title:Access to Health Records Act 1990
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to establish a right of access to health records by the individuals to whom they relate and other persons; to provide for the correction of inaccurate health records and for the avoidance of certain contractual obligations; and for connected purposes.
Year:1990
Citation:1990 c. 23
Royal Assent:13 July 1990
Use New Uk-Leg:yes

The Access to Health Records Act 1990 (c. 23) is an Act of the Parliament of the United Kingdom which applies to people in England, Wales and Scotland.

In Scotland it entitles any person entitled to act on behalf of the patient, where the patient is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000.

Otherwise, it entitles the personal representative of deceased persons, or any person who may have a claim arising out of the patient's death to apply for access to health records, and if necessary to an explanation of terms which are not intelligible without explanation.

All other access provisions were repealed on 1 March 2000 under the Data Protection Act 1998 which provided a right of access to all living persons to their personal data.

Access can be withheld if it would be likely to cause serious harm to the physical or mental health of anyone, or to identify anyone other than the patient.

Where a person has a claim arising from the death, access is limited to health records which are necessary for that claim.[1]

Notes and References

  1. Web site: Access to the health and care records of deceased people . NHS.UK . 15 March 2023.