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the Defendant is the employer.

 

8 Obtaining records for the Claimant

 8.1 Common Law rights  At common law the Claimant has no right to obtain copies of his medical records: R. v. Mid Glamorgan FHSA.3 

 

 8.2 Statutory rights  There are 4 statutory provisions granting rights:

 - The Access to Medical Reports Act 1988 allows access to any medical reports prepared in the last 6 months for employment or insurance purposes by a person responsible for the clinical care of the Claimant.4

 - The Access to Health Records Act 1990 allows the Claimant access to medical records held by a health professional5 made since 1st November 1991.6

 - The Data Protection Act 1994 S.21 allows access to computerised material so long as disclosure will not cause serious harm to the Claimant [S.29].7

 - The Access to Personal Files (Social Services) Regulations 19898 allow the Claimant access to records held by the social services and housing authorities, which may include some medical reports, so long as disclosure will not cause serious harm to the Claimant.

 

 8.3 The most useful statutory right is that contained in the Access to Health Records Act 1990.  The Act establishes:

 

 "a right of access to health records by the individuals to whom they relate and other persons."9

 

 8.4 A health record is fairly broadly defined in Section 1 to mean a record which:

 

 "(a) consists of information relating to the physical or mental health of an individual who can be identified from that information; and

 (b) has been made by or on behalf of a health professional in connection with the care of that individual ..."10.

 

 8.5 The Claimant and anyone authorised in writing by him may apply.  If the Claimant is a child, then a person with parental responsibility may apply.11