ste_bla said:
Got two questions, under the data protection act I know you can request any info kept on you by a business and they can charge a small fee.
Q1 - The business I work for dont want me to see my persoanell file and so under the DPA could I request a copy of it or is that excluded?
Yes, you can, and no it isn't excluded.
There are, however, some limitations.
The DPA puts restrictions and duties on any body (except those exempt for one reason or another) to follow a variety of principles, including proper processing, confidentiality and data subject access. It's that last that is important to you, but you need to be aware that your right of access is not universal. For instance, if disclosing certain data to you would infringe someone else's right to data confidentiality. Then, a decision has to be made about exactly what can and can't be released.
Also, the DPA does not put a duty on organisations to retain data indefinitely. In fact, rather the reverse. So they MUST retain some types of data for specified periods (such as to comply with company legislation or the dictats of the Inland Revenue), but beyond that, they're under an obligation only to retain data for as long as is necessary to comply with the purposes for which the data is registered.
In other words, by and large yes, you can force disclosure .... but it's not an absolute right. There are limits.
ste_bla said:
Q2 - Can you get your Doctors files or is that excluded?
No, it's not excluded. In fact, quite the reverse, it is explicitly included.
BUT, again, while the broad principle is that you have access, there are also a series of perfectly reasonable and fully understandable exceptions, such as where disclosure would infringe some third party's rights of confidentiality.
Also, in the case of medical records, much of which is still in manual form, the fee can be a lot higher (£50 IIRC).
And there are also medical grounds on which access can be refused, or limited.
But broadly, yes, you have a right of access to your medical records.
Data Protection access rights are, pretty much like any legislation, never absolutely cut and dried. The broad principle is that we all have access to any data held about us .... subject to a sometimes substantial list of ifs, buts, and except-fors. Your final level of access will depend on factors not predictable by anyone that does not have access to the specific data you request.
