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Confidentiality

There are some restrictions on access to and use of personal health records for research purposes and these are governed by the legislation and regulations described below.

Scottish Confidentiality regulations

At present, access to personal health records is governed by the regulations in two documents: Scottish Health Memorandum 60 of 1958 (SHM 58/60) and National Health Service Management Executive Letter 152 (1993).

These two documents give guidance for the retention and destruction of health records for the National Health Service in Scotland. NHS MEL 152 informs health boards and trusts in Scotland of some changes in the minimum period for which certain categories of health records are retained as specified in SHM 58/60 and its accompanying schedule.

Currently, personal health records are closed for 75 years. Records relating to minors are closed for 100 years.

Data Protection Act (1998)

General

The Data Protection Act 1998 came into force in the United Kingdom on 1 March 2000. This Act, associated case law, and secondary legislation constitutes data protection law in the UK.

Individuals or organisations holding information about living individuals from which the person is readily identifiable have to comply with data protection law. Individuals are permitted to know what personal information is held about them and to correct any errors. The law also ensures that the only other people granted access to that information are authorised to do so. This ensures the preservation of the privacy of the individual whilst allowing organisations that collect and process personal data to pursue legitimate interests.

Clinical Notes Database

With reference to the Data Protection Act (1998), no personal data relating to living individuals has been collected, displayed or otherwise processed. The database does not contain references to named patients falling within the normal periods of confidentiality referred to in NHS MEL 152 (1993). Therefore, personal and family name searches are almost entirely restricted to medical practitioners associated with the records.

Access to Records

Requests for access to personal health records should be directed to the holding organisation which will advise on procedure, most likely based on the Data Protection Act 1998, Scottish confidentiality regulations and existing policy.