Select Committee on Health Written Evidence


Annex

Email from Linda Percival, Department of Health, to Helen Wilkinson

  To receive care from your GP as a patient of the NHS you have to be registered as being a patient of the practice. This is a requirement in law and the PCT is legally required to enter your contact details on the register which is held within the NHS Health Authority Information System. I am aware that you are not happy about this but it is a legal requirement and as such the provisions of section 10 of the Data Protection Act 1998 do not apply. Once registered the GP can of course refer you to a specialist in the normal manner.

  Alternatively you may directly access services through A&E and seek referral to the appropriate specialist through this route. As you have no NHS GP there should be no issue with this happening. The hospital will create records of the care and treatment it provides but as a block has been placed on the NHS Wide Clearing Service any automated transfer of information from the hospital will be prevented so the information created will remain at the local level. You may be able to agree with the hospital that minimal records be kept or that records be kept under an alias or largely on paper, though I accept that most hospitals will be very reluctant to do this. If the creation of these records locally causes you distress you are of course entitled to request their deletion by the hospital by providing a written section 10 request that meets the requirements set out in the Act, including the reasons for your distress so that the hospital can male a judgement as to whether or not to comply.





 
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