Request for my medical data

[mynameisntlouise]

Wasn't sure where to put this... "legal matters" might be a bit of a stretch.

Ok 25th Feb I submitted an application to my local trust for my medical notes relating to my labour and delivery from May 2018. I provided ID, filled out the form, stated I'm due my second child soon as it was provoking questions and concerns around my previous delivery that I'd like to explore, in order to be better prepared for my upcoming labour.

They replied saying my application had been received and this "In accordance with the Data Protection Act 1998, we will complete your request within 30 days, i.e. by 25 March 2020 However, we will endeavour to process your request as soon as possible."

However that date came and went. I emailed at the start of this week (30th Mar) and they said they'd chase it up and keep me updated.

Now I feel a bit of an a-hole because of the strain the NHS are under, which understandably will be effecting every single department. I did request my notes for a genuine reason though, and I'm 38 weeks tomorrow... I don't think I'll even get them on time if they're dispatched next week, as postal services are also effected.

I work in data protection...

You made a subject access request and the legal timeframe for responding to this is, as you say, 30 days. Given how stretched the NHS is at the moment, this deadline has obviously come and gone without you receiving your data.

Under normal circumstances the regulator (ICO) would come down hard on an organisation for breaching the allowed timeframe for response; but these aren't normal circumstances. And to top it off, your request was made to the NHS which has been hardest hit by the current crisis.

The ICO have already issued guidance to companies to say they basically won't be as hard on them in the current situation and have provided updated advice on their website asking data subjects to be understanding of delays in processing requests, as many organisations divert their resources to frontline activities instead. So, whilst you do technically have recourse to complain to the ICO at this point, in all honesty it isn't going to achieve anything.

The only thing I can suggest is, did you explain in any of the forms you filled out why you needed the data? Because whilst a SAR request is the documented legal process for providing personal data, it is possible for organisations to go outside of the formal process and provide you what you need anyway under the guise of "being helpful". I your case if there is a genuine medical need for having the data sooner rather than later, I'd appeal to the most senior member of personnel you can within the relevant team, explain your situation and that you've tried making your request via the right channels and hope they understand

What @rottiemum88 said.

I'd email them and tell them you are going to complain to the Information Commissioner's Office. You are being fair to them giving them notice and even allowing for current circumstances, they will have a dedicated Data protection team whose job it is to deal with this.

25th Feb is a long time ago now and well before things got critical.

Give them warning and then if no joy, complain to the Information Commissioner.

Did you pay for your notes? To request notes in my trust it costs a fortune. You can however be referred for a "birth debrief" appointment to go through your notes with someone but that will likely be too late for you now

To request notes in my trust it costs a fortune

I sincerely hope not. If they charge for requesting your own notes they are breaking the law. They are not allowed to charge for subject access requests unless the request is manifestly unfounded or excessive, or the individual requests further copies of their data.

Why haven't you had a birth debrief from your first? You should also have been able to meet with a consultant or midwife in your current pregnancy to go through the complications of your first and arrange a suitable birth plan.

Have a good think about what you want to achieve from your notes. If you think any problems were caused by staff negligence etc, that is very unlikely to be recorded in your medical notes and most likely documented elsewhere. If you are hoping for a more positive birth experience, it's best to have a discussion with your MW or consultant now to work out your options.

I regularly apply for medical records as part of my work and it is of course correct you are entitled to the records in 30 days under normal circumstances however due to the resource issues since COVID we’ve found trusts are saying they cannot comply with the time limit due to priorities being now essential nhs services and we’ve come to the conclusion to be respectful of this but at the same time there is no right to refuse disclosure of the records so you will/should receive these but unfortunately not necessarily within the 30 days. GP may have copies of some of the hospital’s records but I doubt will have a direct or full copy of the records you’re applying for. They may be willing to email these rather than post. Most trusts are email friendly and email using secure mail but each trust has its own system and may/may not be willing to disclose the notes electronically.

Thank you all for your help.

I chased them up with an email again explaining I was running out of time. They were apologetic and said they'd send them out electronically (I had to explicitly 'agree' to this) to save time.

I wanted them to better understand my previous labour and to aim for a more positive experience this time round, I was really hoping to have a debrief with my midwife, but they came just after my 38 week appointment and my next appointment is 40+2, so if I'm still pregnant by then I'll take them along and see if she can explain some of the terminology I don't understand.

In present circumstances I sort of feel I should just be thankful that my husband can currently still be with me throughout birth!

GPs won't email records. Our IT security comes down very heavily if we send patient data out with the secure email system.
I once accidentally sent an email to one of our locums with some interesting clinical protocols on it. Unfortunately way at the bottom of the email trail was the patients CHI number (10 digit ID code)...not even name I got my knuckles seriously rapped and told I'd be disciplined if I did that again.