ABSTRACT

The Access to Health Records Act was repealed in respect of living patients when the Data Protection Act 1998 came into force except for deceased patients, whose records should still be processed under the provisions of the Act if a request is properly received. Any osteopath receiving a request for notes under the Data Protection Act should immediately contact the medico-legal adviser at the insurer for advice and guidance. This Act applies to reports supplied for employment or insurance purposes by a practitioner who has been responsible for the clinical care of the individual. If a request for a report is made, the request must be accompanied by a valid signed consent from the patient concerned or the practitioner must seek suitable consent to provide the report. The osteopath may comply with the patient's wishes or append to the report a statement of the patient's view. The osteopath should have written permission from the patient before sending off the report.