removing something from your nhs records?

brook2jack

The records belong to the organisation that owns the paper or computer that the information is generated on . Eg a gp practice will own their records, a dentist will own their records and either the practice owners or individual practitioners will be the data controllers as well as the owners of the records In a hospital the hscic will be the owners and controllers of data .

This means ,ultimately , the nhs has rights over the records but the everyday ownership of records is the clinician/practice and these are the data controllers .

However with the new central spine gps will lose ownership and control over records and the hscic will become controller over the data hence many peoples concern over the changes.

This is a useful link explaining the changes http://www.upwellhealthcentre.nhs.uk/important-changes-to-your-medical-records,59056.htm

And this about gps are data controllers http://www.england.nhs.uk/wp-content/uploads/2014/03/cd-gp-faq-03-14.pdf#page5

iaps

brook2jack wrote: »

The records belong to the organisation that owns the paper or computer that the information is generated on .

Let me repeat my question - please -

Could you - please - provide us with the legal source supporting your statement?

Thank you.

Care.data is not obligatory at present, was put on hold back in February.

The Parliament Bill 134 proposed to

Allow patients access to and ownership of their own electronic patient
records; to require medical professionals to maintain and share electronic
patient records as part of individual care plans; and for connected purposes.

http://www.publications.parliament.uk/pa/bills/cbill/2013-2014/0134/14134.pdf

brook2jack

The legal basis is as advised by medical protection societies and by individuals in each practice regisitering as controllers of information in general practice etc . Hospital notes are subject to a different system. http://www.medicalprotection.org/uk/booklets/medical-records/relevant-legislation
So although the NHS has ultimate rights over the information , the organisation which owns the paper, equipment etc owns the records and is responsible for ensuring the safety of the data .

There is alot of controversy over what records a patient will have access/copies of and in what way they may be able to use that information eg disclosure to third parties etc.

But although a patient has an absolute right to copies of their medical records where disclosure will not affect their health they do not own or have rights over the original notes.

welshdent

"your" records do not belong to you. They belong to the person that made them for their use in managing your care, for people taking over your care and for people investigating your care. As an aside, my notes are made on computer and 24 hours after they have been made they can not be altered in any way whatsoever. That is fundamental to my being able to use them to defend my work. With that in mind, accessing them to remove something from them is not to my knowledge permissible nor should it be IMHO, certainly not on the request of a patient. I dont fancy being sued for somehting I didnt do ... have the notes to back that up ... but that individual be at liberty to remove it

iaps

I am afraid you misunderstood my question.
Information at link which you posted confirms, what was stated above – The Data Protection Act does not address the issue of intellectual property.
Thank you for your effort.
And yes – this is a discussion time.

Nicki

There is no copyright in information per se just in the way in which that information is recorded. In those circumstances the copyright belongs to the person who reduced the information to writing unless there is a term in their employment contract saying otherwise. The exception would be if the information was dictated word for word by someone in which case the copyright would be owned by the dictator.

SeduLOUs

This has come to light mostly because of the uploading of our GP records (without our consent) to the HSCIC and the risk that the uploaded data may not remain anonymous long-term.

For a start this never actually went ahead. It hasn't been wiped out but has been postponed as there was a huge public uproar about it.

Secondly, you can opt out of having your record uploaded by filling in an opt out form from your GP. The forms are not available at the moment though because the whole plan has been scrapped for the time being.

You can currently opt out of the summary care record, or Spine upload if you wish, but I wouldn't recommend it. The SCR is a one page document summarising current/recent problems, medication and your allergies, and could be invaluable if you end up in hospital.

Book an appointment with your GP to discuss the matter. If he/she agrees that it bears no clinical relevance he may be happy to remove it from your record for you. Beyond that I'm not sure what the legalities of amending your record are, but it certainly wouldn't do any harm to ask politely as a starting point.

Bella73

dupe wrote: »

I would like to get something removed from my NHS records, and wondered if there's any legal people on here who could advise me on my rights (or not!) as regards doing this?

Basically, there's something I had done a long time ago, abroad (not here) and I naively mentioned it when I got back to the UK (I should never have said anything, looking back, but hindsight is always a good thing..:() and hence it's now on my medical records.

As there's no hospital or GP record of me having had the treatment here (it was done in Europe), I wonder if I would be able to have it removed from my records.

This has come to light mostly because of the uploading of our GP records (without our consent) to the HSCIC and the risk that the uploaded data may not remain anonymous long-term.

Btw In case anyone's wondering, it's not mental health, or anything 'embarrassing bodies' related, lol. I'm just not comfortable with it being on my records any more.

Removing the bit you want removed will make absolutely no difference to what has been uploaded already, if it was there then it still is whether you were able to delete from your medical record or not. If removed properly, it will still be there with an explanation as to why it shouldn't be there. Although I am pretty sure the upload hasn't actually happened yet. You can opt out of the upload, just contact your surgery.

You can thank Dr Shipman for that, he left quite a legacy. Things cannot just be removed because you don't like them being there, they have to factually incorrect.

System

SeduLOUs wrote: »

For a start this never actually went ahead. It hasn't been wiped out but has been postponed as there was a huge public uproar about it.

I just wanted to say that it has indeed gone ahead, or at least it has at my GP surgery. They have apparently already started sending the information to HSCIC. The receptionist told me that they have been doing this since the end of March.

I am also unsure as to how one would opt out of having hospital records uploaded. Is there any information available about this? I presume you would need to contact the admin section of the relevant department and ask them to add the two read codes 9Nu0 and 9Nu4 to your hospital records?