AIBU to try and find out if my medical records have been wrongly accessed?

[Starrynight567]

I can't go into detail as to why I'm asking, as I may out myself, but I'm suspicious that my exH's now wife could've accessed my medical records, and I'm wondering whether I can find out if she has?
I've been separated from exH for 12 years, and he met his wife about ten years ago. In the time that they've been together his wife has caused a lot of trouble and plainly doesn't like the fact her H shares DC's with me, and has tried to ruin the relationship they have with their dad. Also, she can't abide me, even though I've done nothing to her.
So much has gone on that I can't go into, but I'm now at the point of being really concerned that she could've looked through my medical records. She's a nurse, and I know it's strictly prohibited for anyone to access medical records if they have no need to, but I believe she's brazen enough to do it.

I'm wondering how I can go about finding out, even if just to put my mind at rest, and how far back can they check to see who has actually looked at my records do you know? Thanks

When I log into my online account I can see who has accessed my data and the date and time, do you have online access? You can ask for a log as others have said without stating your concerns. You might have to pay a fee.

You can request to see who has accessed records. I understand why you feel uneasy about her.

Maybe she saw you at the hospital?

Just find out if anyone has accessed you records.

Unfortunately, any safeguards are normally irrelevant. One of my neighbours daughter (who was a nasty piece of shit) worked in our local hospital. She read through everyone's medical records that she knew. My other neighbour was in her house when she disclosed our other neighbours mental health records. Also, the day my mam was diagnosed with terminal cancer, I had a phone call from a much loved old neighbour and friend who asked me when my mam had been diagnosed. Her sister-in-law worked in the hospital labs and told her. They were both coming from a place of love because they adored my mam. But when she phoned me it was within 5 hours of me receiving the news and trying to absorb that my mam had terminal cancer. I know look at at my private medical information as a postcard.

You can ask whether your medical records have been accessed by anyone without authority to do so.
Good luck.

I know I'm coming a bit late to this, but will you be satisfied if you get a negative answer from your complaint? For example, you won't get a reply saying that "Jane Doe did not access your records". You will get something along the lines of "There is no evidence that Jane Doe accessed your records". They can't rule out somebody failing to log out and her checking under their credentials, or her reading a paper file somewhere. Will that be enough for you or would you still be suspicious of her? Unless it's a clearcut case where she foolishly searched while logged in, you may never actually know the truth.

Are you looking for a reason to try and get her sacked? This comes across as a bit jealous of the new life your ex has and you wanting to cause trouble for them. Her asking dc a ‘roundabout’ question, could have been perfectly innocent.

What an invasion of people's privacy! I guess it's rare that people snoop, but it does happen unfortunately.

Sorry to read about what happened to you and your family, that must've been awful for you. I hope these people lost their jobs for doing what they did.

Of course I'll be satisfied if it turns out she hasn't looked through my records! I would also think it's unlikely that she could happen to get a glimpse of records by chance if someone stays logged in, so I don't think that's an issue to be concerned about.

Thank you

Do you know, posts like yours really irritate me. Instead of being helpful, you have to insinuate that I'm not really worried whether my records have been accessed, rather that I'm just out to cause trouble for her. Let me tell you I'm not out to cause any trouble at all, and If you knew anything about my life you would see why I'm concerned.
I've already said that I won't go into much detail about why I've got to this point, so you can take your baseless accusations and jog on. I'm also very happy with my life and new partner thank you, so don't spitefully jump to conclusions when you know nothing about me.

I work in a hospital, and although we’re not meant to, we will often get up from the computer to attend to someone/something, and come back to the computer later. It is very possible for someone to access a different patient while someone else is logged in.
Everything we do leaves an audit trail though, so if it turns out your notes have been accessed by someone who should not be doing so, but isn’t your ex’s wife, they can still look into if she was working the same day.
When we have patients come through who are related to a member of staff or who have asked for their records to be a strictly need to know basis, we get an alert when we call their name up, and have to say that we have a genuine reason to be accessing those notes.

There's a lot of posts in this thread from staff who wrongly assume what they're allowed to do is the same for all NHS staff.

I work in hospital. I can, and frequently do on a daily basis, electronically access GP records. I have to choose from a list of options such as "Patent has consented to access/Patient unable to consent/Emergency situation/Patient is under 18" etc. I do not have to fill any forms or get approval in advance from any managers. I think I can only access localish records, such as our own health authority area (or whatever the phrase is these days!) and surrounding ones. I have colleagues working a lower grade (admin, I'm clinical) who are able to access more than me, I think on a Nationwide scale but I'm unsure about this.

Just because some posters don't have access doesn't mean it can't be done.

Still incorrect. Just because YOU have to do that doesn't mean it's the same for everyone in your hospital, and certainly not for staff in other hospitals.

Just working in a hospital will not give her easy access to your records.
there is also a big difference between paper & digital files.
With your paper file there would have to be a reason for it to be requested, so a clinic you are attending or someone with a reason to peruse your notes, she would have to be pretty brazen to risk that for her own curiosity. However if she works in an area you attend & your notes were there she could theoretically read them & there be no record as she didn’t request them.
Digital notes are easier tracked due to the log ins although as others have said she could do it under someone else’s log ins either with or without their permission/knowledge.
I’m doubtful that a SAR would provide the information you are looking for as it would only be able to tell you about digital requests & when in hospital many staff have a legitimate reason to see notes without it being recorded, although would be very unprofessional & unethical to look anything other that what is required to carry out her job.
I suspect you would have to make a specific complaint which would be investigated, & the subject of your complaint would know about it as she would be asked, so there would be no anonymity.

OP I think you should definitely follow up this hunch of yours.

It‘s true that every hospital has different systems and access systems. At the hospital where I work I can, if I want, access everything about a patient. Hospital record, GP, everything. It’s wild.

Medical records are very private and have good audit trails for good reason. I would absolutely ask for it to be investigated as to how often your records have been accessed.

Usually when we have a funny feeling or a hunch it’s because we know something has happened. Trust your gut on this one. If you’re wrong - no harm is done. If you’re right, then someone with no integrity will no longer have access to private data.

You can't change what has happened.

Walk in and apply to take your health records out and lodge them with your new health practice.
Also ask your GP if your health records can be accessed. You can put a block on records being shared electronically unless you give permission every time..

This is wrong. Records are centrally held and fully auditable. That means via a SAR someone can see who has accessed their summary care record.

OP, google how to find out who has accessed your health record and take it from there. It’s your data, you have a right to see it

There are big differences between different trusts as to what data is available. Some hospitals will have access to GP data, some not.

However, in 15 years of working in nhs it, I've never seen an electronic system that doesn't have an audit trail of who has accessed patient data. If she's accessed it with no clinical reason then she could lose her job

Pals is probably the best place to start, they can liaise with the IT dept for you

In my Trust, I have access to all patients’ notes and also the GP EMIS notes. I just have to click a reason why I am accessing them. It would be v easy to access a friend’s notes etc. I have never done this as I am v careful about stuff like patient confidentiality etc. But it could easily be done.

It differs between trusts and level of clinical responsibility. I can access the notes of all hospital patients and also their GP records. I can’t speak with authority for all NHS staff. Can you?

This is absolutely the case. I’ve read what a lot of people have written and most of it is assumption!
I worked for years in a top admin post in a gp surgery, I was able to access patient records, not only in my own surgery but clinics, hospitals etc. even notes that were locked because of their sensitivity.

it would have been impossible to prove that I had accessed a record without the correct authority simply because of the searches I had to perform, the categories of patients etc. the only proof would have been if I’d regularly been accessing a particular record without the need to do so.

the electronic holding of patient notes does record every interaction with the notes, but on a daily basis notes may be accessed for a number of reasons. Particularly if you have an outgoing condition or regular doctor/hospital visits. The days of only your gp seeing your records are long gone.

The person you need to speak to about this is called the Caldecott Guardian. If you google Caldecott Guardian and your nhs trust name it should come up, They deal with unauthorised access to medical records (amongst other things), alternatively PALS can point you in the right direction