Access to Health Records Act 1990

Access to Health Records Act 1990 (AHRA 1990) is a UK legislation that was enacted to provide individuals with the right of access to their health records. The Act covers health records held by health authorities, NHS Trusts, and general practitioners (GPs) in England and Wales. The legislation was a significant step towards increasing transparency within the healthcare sector and empowering patients by allowing them access to their own medical information.

Overview

The Access to Health Records Act 1990 sets out the provisions under which individuals can request access to health records. According to the Act, a health record is defined as any record of information relating to someone's physical or mental health that has been made by or on behalf of a health professional in connection with the care of that individual.

The Act distinguishes between the rights of living individuals to access their own health records and the rights of access to the records of deceased persons. The latter can be accessed by certain specified individuals, including the patient's personal representative and any person who may have a claim arising out of the patient's death.

Rights and Exceptions

Under the AHRA 1990, individuals have the right to:

• View their health records or request copies of them.
• Be informed of any information that is withheld and the reasons for such withholding.

However, there are exceptions to this right of access. Access to health records can be denied if:

• The information may cause serious harm to the physical or mental health of the patient or another person.
• The record contains information about another person who has not consented to the disclosure.

Procedure for Access

To access health records under the AHRA 1990, individuals must make a written request to the holder of the records. The record holder has a duty to comply with the request within a specified period, which is generally 40 days for health records and 21 days for records held by GPs.

Impact and Relevance

The Access to Health Records Act 1990 was a pioneering piece of legislation that underscored the importance of patient rights and the transparency of medical records. It laid the groundwork for subsequent legislation, including the Data Protection Act 1998 and the GDPR as it applies in the UK, which have further expanded the rights of individuals to access their personal data.

See Also

• Data Protection Act 1998
• General Data Protection Regulation
• Patient rights
• Medical ethics

Amendments and Repeals

The Access to Health Records Act 1990 has been amended by subsequent legislation, including the Health and Social Care Act 2001, which extended the types of health professionals and organizations covered by the Act. Parts of the Act have been repealed and replaced by the Data Protection Act 1998 and later by the GDPR and the Data Protection Act 2018, which provide a more comprehensive framework for the processing of personal data, including health records.