Solicitors letter to access records in a private hospital?

lynnsback

I had surgery in a private hospital in 2002. I requested these records via registered letter in via letter in June 2010. Hearing nothing for a month, I phoned the hospital where I had my laparoscopy done to see why they hadn't sent me the records. They told me that because they are a private hospital they do not fall under the Data Protection act; so I can't get my records unless: I send them a solicitor’s letter or get my doc to request them, which I don't want to do as I need a copy myself. I am not sure what the solicitor’s letter has to say however.

Is this true or are they spinning me some crazy line? How can this be legal?

Thanks for any help! Pity the 22 year old me was not smart enough to get copies when I HAD the surgery!

locum-motion

I'm open to correction here, but AFAIK all companies or bodies who store personal data in electronic for have to register with the Data Commissioner and comply with the Data Protection Act. This means that, under the DPA, you have a right to see the information that they store about you (although the Act does permit them to levy a small charge for copying etc) with the exception of medical data that it is deemed it may be detrimental to you if you were aware of it (this would most likely be psychiatric stuff).

In my opinion, most times when someone says "We can't because of the DPA", they're spinning a line.

lynnsback wrote: »

I had surgery in a private hospital in 2002. I requested these records via registered letter in via letter in June 2010. Hearing nothing for a month, I phoned the hospital where I had my laparoscopy done to see why they hadn't sent me the records. They told me that because they are a private hospital they do not fall under the Data Protection act; so I can't get my records unless: I send them a solicitor’s letter or get my doc to request them, which I don't want to do as I need a copy myself. I am not sure what the solicitor’s letter has to say however.

Is this true or are they spinning me some crazy line? How can this be legal?

Thanks for any help! Pity the 22 year old me was not smart enough to get copies when I HAD the surgery!

Vorsprung

Hi Lynnsback,

My 1st instinct was that they should be obliged to give you copies of your medical records.

But according to this, and this bit it particular...

If you visit your GP as a private patient or attend a private (non-HSE funded) hospital, you can only get access by virtue of your contract with the medical service, or by court order.

...it may not be as clearcut.


Had a quick look at the Data Protection Commissioner's site there, and there's an interesting distinction about who actually controls the records:

In this case and indeed for patients in acute public hospitals it has to be recognised that the health board or the hospital is the data controller and not the consultant. However where a consultant has private patients then he/she becomes the controller if he/she is treating them in a private hospital or in his/her private rooms.

Linky

So in short, I think that a) you are entitled to your records, b) perhaps you were writing to the wrong people (i.e. the hospital rather than the consultant) and c) if you have further issues, perhaps you should contact the Data Protection Commissioner's office.

If you do contact the consultant directly, be sure to state that you are requesting the information under the Data Protection Acts 1998-2003, which apply to private business, as opposed to the Freedom of Information Acts which apply to public bodies (eg public hospitals).