Access to Personal Data
The Data Protection Act gives you the right to ask for a copy of the information that we hold about you. This right is commonly known as a Subject Access Request (SAR).
You can make a request to access your own information, or in certain circumstances, you may be entitled to make a request as a third party, including for a child, or for someone who has died (under the Access to Health Records Act 1990) etc. Health records are confidential so you can only access someone else’s records if you are authorised to do so.
We process requests using a secure online portal. You’ll need to provide us with information to help process your request. Prior to processing any request, we need to be satisfied as to the identity of the requestor.
How Do I Make a Request?
1. Fill out the correct application form
- If you are applying for your own records, complete the ‘Self request form’
- Complete the ‘Other Requestors form’, if you are a solicitor making a request on behalf of a client, you are a parent (of a child under 13) making a request for a copy of their records, applying for records of a deceased patient or to make a law enforcement request (Schedule 2) etc.
2. Make sure you can provide copies of your ID or supporting documentation (depending on the type of request) to prove you're allowed to request the records. We do accept clear photographs of ID documents.
Please be aware that each uploaded document’s file size limit is 4MB. Files above 4MB are not supported on the portal. Further information is available in the ‘Supporting guides for your application’ section.
Please note, you must upload the relevant ID or proof so that we can process your request.
3. After you have submitted the form, you'll get an automated confirmation email to the email address that you provided. Within 5 days, you'll also receive an acknowledgement message from the Access to Records team.
4. The Access to Records team will communicate with you via the secure online portal. You'll receive email notifications when we send you a message. You can reply to us through the portal.
5. Once we’ve gathered the requested information, we'll notify you through the portal, and you'll receive the information electronically through EGRESS.
More information on Egress is in the ‘Supporting guides for your application’ section.
Please note that some fields are mandatory on the forms and are marked by a red asterisk. You won’t be able to submit the form if these fields are not completed.
Supporting Guides for Your Application
Can Access Be Denied or Restricted?
There may be exemptions in certain situations where we may decide to withhold certain information, for example:
- When we are not satisfied that the applicant is acting with the patient’s permission
- Where we believe releasing the information may cause serious harm to the physical or mental health of the patient or any other individual
- Where the record contains third party information about another individual and we do not have their permission to share this.
Please note, Birmingham Community Healthcare NHS Foundation Trust only holds the medical records of patients we treat, and even then, only the medical records relating to any of our services. Our services and the contact information for those services can be found by searching the A-Z.
You may need to contact your GP or another Trust if you require records that we don’t hold.
What if I am Unhappy With the Trust's Response?
If you are not satisfied with the Trust’s response to an application for information, you can raise your concerns or complaints by contacting the Trust’s Data Protection Officer (DPO).
The Trust’s DPO is Michael Morgan-Bullock, Head of Legal Services and Information Governance, who may be contacted at the following details:
- Email: bchc.dpo@nhs.net
- Post: Data Protection Officer, Information Governance, Birmingham Community Healthcare NHS Foundation Trust, 3 Priestley Wharf, Holt St, Birmingham, B7 4BN
Further information
Please see our privacy notices or the Information Commissioners Office’s website for further information on your rights under data protection law.
You also have the right to complain to the ICO if you are unhappy with how we process your data.
The ICO's address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Helpline number: 0303 123 1113
Website: https://ico.org.uk