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Subject Access requests

What is a subject access request and how do I make one?

Under the Data Protection Act 1998, you can make a request to see the information that NHS Ashford and Clinical Commissioning Group holds about you; this is referred to as a Subject Access Request

To access a copy of your health records please write to the following address giving as much detail as possible on the record(s) you wish to access: 

Data Protection
Information Governance
NEL Commissioning Support Unit
Kent House
Station Road
Ashford
Kent
TN23 1PP

We will also ask you for proof of your identity and proof of your address.

Can I access the records of my children?

You may be able to access the records of your child/children providing they are under 16.  However, if a clinician has stated that he/she believes your child/children to be competent to make their own decisions, then you will not have that right.

To apply for access, please use the procedure above.

How long will it take?

We are obliged to comply with our obligations promptly and within 40 days following the date your request is received. If clarification of your request is needed, the 40 day period does not start until that is received. 

How much will it cost? 

Charges may be applied for requests under the Data Protection Act. 

  • Please see the following tariff
  • under the Data Protection Act 1998 a maximum of £50 for paper records
  • A maximum of £50 for a mixture of electronic and paper records 
  • £10 for electronic records

Can I be refused access to my health records?

You can be refused access to your records or part of them: 

  •  if your doctor thinks you or someone else could be harmed as a result
  • the information relates to, or was provided by, a third party (that is someone other than yourself or a clinician) and they have not given their permission for their comments to be divulged to you. 

Should you be unhappy with the outcome of your request, you should in the first instance contact the named individual at NEL Commissioning Support Unit who responded to your request.

You are also free to contact the Information Commissioner directly in the event you remain dissatisfied:

Information Commissioners Office
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF

Can I access the records of a deceased person?

Under the Access to Health Records Act 1990, you may request access to the records of a deceased person if you are the executor of their will or if you have a claim on them.  However, if the deceased has stated in their will that they do not wish anyone to have access, then their wishes must be upheld.

To request access to a deceased person’s records please write to the following:

Primary Care Support England
3 Caxton Road
Fulwood,
PR2 9ZZ

Email:   pcse.accessrequests@nhs.net 
Phone:  01772 221 385

The Caldicott Guardian

All NHS organisations are required to appoint a Caldicott Guardian to ensure compliance with patient data confidentiality. NHS Ashford CCG's Caldicott Guardian is Dr Navin Kumta, a GP member of the CCG's Governing Body, who is responsible for protecting the confidentiality of patients’ and service-users’ information and enabling appropriate information-sharing.

The Caldicott Guardian plays a key role in ensuring that NHS, Councils with Social Services responsibilities, and partner organisations, satisfy the highest practical standards for handling patient identifiable information. 

Acting as the 'conscience' of an organisation, the Guardian actively supports work to enable information sharing where it is appropriate to share, and advises on options for lawful and ethical processing of information.

Further Information

For additional information please refer to: