Access To Medical Reports Act 1988

Access to Medical Reports Act 1988

The Access to Medical Reports Act 1988 is a significant piece of legislation in the United Kingdom that governs the rights of individuals to access medical reports written about them by doctors for employment or insurance purposes. This act was established to ensure that individuals have the opportunity to view and consent to the use of their medical information before it is shared with an employer or insurance company.

Overview

Under the Access to Medical Reports Act 1988, a medical report is defined as a report relating to an individual's physical or mental health prepared by a medical practitioner who is or has been responsible for the clinical care of the individual. The act stipulates that such reports cannot be obtained or accessed by a third party without the explicit consent of the individual concerned.

Consent and Rights

The act provides individuals with several rights concerning their medical reports:

• The right to be notified when a report is requested.
• The right to consent to or refuse the request.
• The right to request to see the report before it is sent to the requester.
• The right to request amendments to the report if it is believed to be incorrect or misleading.
• The right to attach a personal statement to the report if disagreements with the report's content cannot be resolved.

Procedure

When a medical report is requested, the practitioner must inform the individual and obtain their consent. If consent is given, the individual has 21 days to request to view the report before it is sent. If requested, the practitioner must allow the individual to view the report within a reasonable time frame, usually 7 days. After viewing, the individual can consent to the submission, request amendments, or refuse to give further consent for the report's submission.

Implications for Employers and Insurers

Employers and insurance companies must adhere to the guidelines set out by the Access to Medical Reports Act 1988 when requesting medical reports. This includes ensuring that consent is obtained and that the individual's rights under the act are respected. Failure to comply with the act can result in legal consequences.

Privacy and Data Protection

The Access to Medical Reports Act 1988 works in conjunction with the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) to protect individuals' personal information. These laws provide a framework to ensure that sensitive health information is handled securely and confidentially.

Conclusion

The Access to Medical Reports Act 1988 plays a crucial role in protecting individuals' privacy and rights regarding their medical information. It ensures that individuals have control over who has access to their health information and under what circumstances. By requiring consent and providing the right to review and amend reports, the act empowers individuals to have a say in how their health information is used.

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