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Original poster

Is this an NHS data protection breach?

63 replies

thearty1 · 18/01/2019 10:03

The other day, I had a phone call, from a very young sounding young man, claiming to be a student, training at my doctor's surgery. (The number he called from was one digit out from the surgery appointment line, so I assumed he was who he said he was)

He said he wanted to discuss historical conditions, and to find out where I am now. He then dug up something that happened to me in 1989. An incident that was so traumatic, that I had to move schools at the time and undertake hypnotherapy to try and erase the memory.
I was fortunately strong enough to move on, and I put this behind me nearly 30 years ago. I've not thought about this since then.

I've been a f*ing mess since this boys phone call. I feel violated, devastated and I'm so angry that this has been shoved back into my face in the most cruelly callous way. I was at work when he called me. It was only by chance that I didn't have the call on speakerphone, as I often do. Thank god I didn't.

Firstly....I did not give permission for students to access my personal health records.
Has my doctor's surgery acted illegally by allowing this boy full access?

Secondly... I didnt' think they had records on file from that long ago. No doctor, or midwife, etc has ever brought this up before.

Thirdly....This student boy also wanted to know more all about a current, rather embarrassing womens condition, which I'm being treated for privately, because his surgery decided it didn't warrant NHS treatment. It's deemed to be more cosmetic rather than medical. I absolutely understood and accepted that, and i was happy to go to a private clinic elsewhere. I am aware that the private clinic do pass my records to my GP surgery. BUT I do not wish to discuss this with anyone else other than my doctor who is treating me, and certainly not student boys ringing me up randomly whilst at work.

Since this phone call I feel so angry and so sick.
What should I do?

OP posts:
LadyKalila · 18/01/2019 10:05

Start by phoning your surgery and asking who it was and did they know he was phoning patients.

Original poster
thearty1 · 18/01/2019 10:15

I stupidly didn't think about asking him who gave him permission to do this. I was in a state of shock.

I feel reluctant to phone the surgery as the 2 receptionists are both mothers at my son's school, and are quite loose lipped after they've had a couple of drinks! Do receptionists have access to all personal health records too?

OP posts:
MotorcycleMayhem · 18/01/2019 10:21

Ring the surgery and ask to speak to the Practice Manager. Don't tell the loose liooed receptionist about your personal history, you can state you had a worrying phone call from someone claiming to be a student doctor at the surgery which ha upset you and you want to check that
a) it was genuine
b) if it was genuine then what the hell was the purpose of the call
c) if it wasnt genuine then who the hell has had access to your medical records and is making these calls
d) in which case what is the Practice Manager going to do about it

And you want to speak to them today. Please.

MotorcycleMayhem · 18/01/2019 10:21

Sorry for typos.

MedSchoolRat · 18/01/2019 10:23

Yes staff can access items, it's a major violation to look at them for non-medical reasons, though, they can be sacked.

This sounds utterly bizarre. What did he say the point of his call was, did he claim it was some kind of research? The ethics would be impossible to get to authorise it, and he would need to get you to sign a load of forms about consent before he even started asking questions.

CatnissEverdene · 18/01/2019 10:24

I'd contact the Practice Manager and say how distressing it has been.

It does sound a bit weird to be honest.

MedSchoolRat · 18/01/2019 10:25

What kind of student did he say he was???
Have you kept the phone number?

MedSchoolRat · 18/01/2019 10:26

Take note of date & time... they need to track down who it was if you don't have a name.

AnchorDownDeepBreath · 18/01/2019 10:27

This is really odd and I can't imagine any clinical reason for it. Please call and ask to speak to the practice manager.

I hope you're alright Thanks

Giggage · 18/01/2019 12:17

Students are not generally allowed to call patients, let alone discuss medical issues past or present. There are very very few exceptions, but from a surgery...not likely.

I would kick up a hell of a fuss.q

Original poster
thearty1 · 18/01/2019 12:54

Thank you. I'm summoning up the courage to make an appointment to see the practice manager. I think a face to face meeting will be best.

On one hand I want to know who has got access to this most sensitive, private and confidential information, and WTF are they thinking, by letting a student drag it all up after 30 years.

On the other hand I'm really frightened that by making a fuss it'll open up a can of worms, and the consequences of that are unbearable.

I've taken the day off work today, to try and get my head around this. I've never taken a sickie off work before, ever...

OP posts:
Giggage · 18/01/2019 13:32

Mention all of what you have said to the practice manager.

hettie · 18/01/2019 13:43

I think it's highly likely that your practice didn't give this student permission at all. In which case both he and they are in very very serious doggy do. Even if they did give permission they are easy out of line due to the new GDPR rules, which give you far more day in how your data is used. The information commissioner can issue very large fines for this, if I was the practice manager of be very worried. You can find more information on GDPR and your rights on the information commissioners website (I think you can also log a complaint on the website too).

SauvingnonBlanketyBlanc · 18/01/2019 13:50

The 2 receptionists can't discuss patients outside if work it's a sackable offence,if they do this they need reporting.

Original poster
thearty1 · 18/01/2019 14:27

I'm now wondering if I should have a solicitor contact them, as I'm thinking it might be easier on myself to take this directly down the legal route, rather than risk being insulted further if the Practice Manager decides to fob me off and take a defensive stance, which might well happen if I speak to her alone, and in anycase i have lost all confidence in this practice.

So, I'm now looking into solicitors who specialise in medical data protection breaches. 😞

OP posts:
CoffeeTableBook · 18/01/2019 14:31

So he was 16? Confused

Isleepinahedgefund · 18/01/2019 14:32

I think you should email the practice manager today firstly to get it down in writing whilst it’s fresh in your mind, and secondly to alert them to what is happening. If it was a student at the practice it was completely inappropriate and they need to know now so they can make sure it doesn’t happen again, and if it wasn’t, they also need to know so then can warn other patients.

What a bizarre and horrible thing to happen!

SockQueen · 18/01/2019 14:32

This sounds very very odd. I can't imagine how it's relevant to any medical school curriculum to cold call patients to discuss ancient history. I'd be worried that either this student has gone WAY out of line, or the practice has been hacked in some way. Either way the PM needs to know.

Aridane · 18/01/2019 14:35

I'm now wondering if I should have a solicitor contact them, as I'm thinking it might be easier on myself to take this directly down the legal route, rather than risk being insulted further

No, no, no! Email if you can't face a face to face

ImNotKitten · 18/01/2019 14:37

Haven’t got any advice except to say this sounds very wrong and weird. I hope you can get to the bottom of it. I could be wrong, but I think certain parts of your medical record can be put under extra privacy measures so that only certain people like your GP can access them. Of course that doesn’t help you now though. Please be gentle to yourself and take care Flowers

SpoonBlender · 18/01/2019 14:44

Talk to the practice manager first. You may want advice from a solicitor later, but it's not needed yet and will slow things down.

This idiot student may be ringing up other people, that needs nipping in the bud quickly.

bigbluebus · 18/01/2019 14:48

Whenever I have been asked to deal with medical students, I have always been asked for permission face to face. I have never had a random phone call from a student claiming to be from the surgery.
Medical students do access patient medical records if they are on placement at a GP practice - last time I went I had my case history taken by a student first before the GP came in to discuss my case with him and arrive at a diagnosis/way forward. BUT I was asked by the student if I minded him conducting the assessment before the GP saw me. Plus the GP had picked out which patients he could approach and ask based on her extensive knowledge of the patients.

I would speak to the practice manager and find out what is going on. What has happened is totally unacceptable and needs addressing. File a formal complaint if you don't get anywhere. If the student was told he could do this then technically it is not a data breach but a massive mis-judgement by either the student or GP.

MedSchoolRat · 18/01/2019 14:56

Medical students at our surgery (age 18+, not 16) only interview people in person on the surgery premises, after a formal invitation & formal consent obtained. The students are practising how to take a case-history. They ask about specific treatment episodes: when DD broke her arm the interview was all about that specific recent injury, treatment, presentation, recovery, etc. They don't ask about something wildly historical, much less in great depth. DH has been interviewed too, and that wasn't about anything very sensitive either. They seem to only interview in pairs, possibly only in a public place (quiet corridor).

Please let us know what happens, OP. Your story is completely bizarre.

Duckswaddle · 18/01/2019 15:28

Something very dodgy there, there’s no way this has been directed or approved by the practice. Anything like this would be conducted with your full consent, signed forms etc., with plenty of notice. Certainly no cold calling out of the blue about incredibly private matters.
Definitely inform the practice as soon as possible, as it could be happening to others as well. They need to get to the bottom of it.

eurochick · 18/01/2019 15:38

This is really bizarre.

I would suggest that engaging a solicitor at this point would be premature. Meet with or write to the practice manager. Think about what result you want.