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Subject Access requests

What is a Subject Access Request and how do I make one?

Under the EU General Data Protection Regulation (GDPR), you can make a request to see the information that NHS Ashford Clinical Commissioning Group holds about you; this is referred to as a Subject Access Request

To access a copy of your health records please write to the following address giving as much detail as possible on the record(s) you wish to access: 
Information Governance
NEL Commissioning Support Unit
Kent House
Station Road
Ashford
Kent
TN23 1PP

Or email nelcsu.information-governance@nhs.net

We will also ask you for proof of your identity and proof of your address.

Can I access the records of my children?

You may be able to access the records of your child/children dependent on their age and assessed level of competency by a clinician. For further information regarding this, or to apply for access, please contact the Information Governance Team at the above address.

Can I access the records of a deceased person?

Under the Access to Health Records Act 1990, you may request access to the records of a deceased person if you are the executor of their will or if you have a claim to their estate.  However, if the deceased has stated in their will that they do not wish anyone to have access, then their wishes must be upheld.

To request access to a deceased person’s records please contact the Information Governance team at the above address.

How long will it take?

We are obliged to comply with our obligations promptly and within one calendar month following the date your request is received. In circumstances, where your request may be classified as complex, this timeframe may be extended by up to two calendar months however, you will be notified of this at the earliest possible point and in any case, within the first calendar month.

How much will it cost? 

There is no charge for accessing your information as part of a subject access request; this forms part of your rights under GDPR. In circumstances where a request is deemed to be excessive, it is possible to apply a reasonable fee however, this will always be discussed with you if required.

Can I be refused access to my health records?

You can be refused access to your records or part of them: 

  • If your doctor thinks you or someone else could be harmed as a result
  • the information relates to, or was provided by, a third party, who may be identified as a result of releasing the information
  • the request is deemed to be excessive; this will be discussed with you should this be the case 

 

Should you be unhappy with the outcome of your request, you should in the first instance contact the named individual who responded to your request.

You are also free to contact the Information Commissioner’s Office directly in the event you remain dissatisfied:

Information Commissioners Office
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF

Find out more

       Further information on how we make decisions, policies and procedures is available on the
       Publications page.