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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, A question under the Data Protection Act 1998 relating

Resolved Question:

Hi,
A question under the Data Protection Act 1998 relating to medical records.
Hospital B has been requested to provide the medical records of my step-daughter (all permissions provided and accepted). Amongst those medical records were faxes from Hospital A. Hospital B has refused to provide copies of these faxes stating 'it was not made clear to you that the faxes you refer to had been withheld from disclosure as they did not originate from this Trust and as such we do not own them and that you would need to apply to the Record Holder Hospital A etc...'
Hospital A, has in the past been asked for records under the DPA 1998, some of which they provided, but it is known, not all.
I can see no exemption under the DPA 1998 for Hospital B's refusal to disclose these faxes. Furthermore, Hospital B has been asked to tell me which clause or clauses of the Act they are relying upon for their non-disclosure - no answer has ever been received!
Your opinion as to whether or not Hospital B has the right to withhold this disclosure would be most appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have they given you a list of the relevant faxes?
Clare
Customer: replied 1 year ago.

Hi Clare,

No. The text in inverted commas was an accurate extract from their letter.

The only other reference to faxed letters is on one of the medical records which states 'See faxed letters' followed by initials.

It is believed that the content of the faxes could be derogatory, which is a possible reason for not disclosing them.

Regards

Harry

Customer: replied 1 year ago.

Hi Clare,

Possibly pertinent to the content of the faxes - this medical record goes on to state ' Patient having TOP out of area'

Regards

Harry

Expert:  Clare replied 1 year ago.
Hi
So to be clear - there is clear evidence of Faxes and you have been told that those faxes came from Hospital A - is that correct?
Clare
Customer: replied 1 year ago.

Hi Clare,

That is correct.

The exact wording in Hospital B's letter to me dated 20th March 2015 is 'I must apologise that in the letter sent to you on the 9th March 2015, it was not made clear to you that the faxes you refer to had been withheld from disclosure as they did not originate from this Trust and as such we do not own them and that you would need to apply to the Record Holder Hospital A for release of the records they hold'

Regards

Harry

Expert:  Clare replied 1 year ago.
Hi
Hospital B is caught by the disclaimer on the bottom of the fax - you will know the one - about how the fax can be used.
On that basis Hospital B can send you their replies - but not the original faxes.
However that should give you sufficient to make a specific request for the original faxes from Hospital A..
I appreciate that this a cumbersome procedure but sadly it is the one that you will need to follow
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33806
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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