What do your medical records say about you? Who sees them? How are they shared? Are they open to misuse? From typing errors to lax security even the smallest slip-up could result in the inadvertent abuse of your records. And the government’s new scheme to digitalise medical records is causing widespread concern. Should you be worried?

Your Medical Records

The NHS is launching a controversial new scheme this year, intending to upload its entire patient database to a central electronic system called ‘Spine’. Patients will be offered the chance to opt-out of the database, although ministers are hoping that to put an end to prehistoric paper systems. The new system will make your medical records available to thousands of medical staff.

Why the controversy? Well, the Information Commissioner last year stated that more than 300 journalists had obtained private information from government records – due to poor security and insignificant penalties. Campaigners are concerned that the government will not put enough security in place, and the privacy of around 50 million patients could be undermined. They’re also concerned about errors in patient records, after a local councillor discovered that she had been labelled an alcoholic – a simple typing mistake.

Who can View my Medical Records?

The main benefit of the new NHS database is that it will enable paramedics and hospital staff to access your medical information in an emergency. This is thought to be especially beneficial for the elderly, who may not have close family on-hand.

Other people can view your records, too. Insurers can view your medical records if you’re applying for Critical Illness insurance – if they contain something you haven’t disclosed, your policy could be void. The police can apply for a court order to get access to your medical records if they have due cause to do so. If information on your medical records is believed to be important to the general public’s safety, then a court will give permission.

Medical Records - Your Rights

Patients have a right to see all records held on them (Data Protection Act, 1998). However, medical professionals are entitled to withhold your medical records if:

  • They contain information that might cause harm to you

  • They contain information about a third party (this can be removed)

  • You are applying for someone else’s records (unless you have a letter of consent).

Your medical records are held at your GP’s surgery, which will usually allow you to read them if you ask politely. If there is a problem then you can make an official request in writing, which your surgery or hospital is obliged to answer within 40 days. And if there is a further problem with this, you can complain – first to the NHS (ask for their complaint leaflet), then to the Health Ombudsman, and finally to the Information Commissioner.

When the ‘Spine’ system is rolled out across the UK, patients will receive written notification. You will be given eight weeks to respond to the letter. You can take one of four actions:

  1. Permit your records to be uploaded (there is no need to write).

  2. Object to the uploading of your records.

  3. Place restrictions on the people who are able to view them (i.e. GPs and nurses).

  4. Place restrictions on the information which is uploaded (i.e. you can ask for details such as abortion or HIV tests to be removed).