Both the Government and the European Commission are currently reviewing the Medical Notes Access. On 31 January 2003 the consultation period of the Lord Chancellor's Department Consultation Document on the 'Data Protection Act 1998: Subject Access' ended. Its purpose was to seek views on the current arrangements following some practical concerns, for example technological advances such as emails, and discrepancies such as the access fees and time limit.
Public Authorities are already affected by the Data Protection Act (DPA) 1998, implemented on 1 March 2000, providing the right of 'Subject Access' which allows patients to apply for access to their Health Records. A 'Health Record' is any record consisting of information relating to the physical and mental health or condition of an individual and which has been made by a health professional in connection with the care of that individual.
Public Authorities will also be increasingly aware of the provisions in the Freedom of Information Act (FOI) 2000, dealing with requests for information such as personal data, that came into force in January 2005. FOI will enhance the rights, provided in DPA, of patients to access all manual records held by public authorities.
The Health Records and Data Protection Review Group, established by the Department of Health, is also considering Subject Access. Guidance can be found on the Office of the Date Protection Commissioner's website at http://www.dataprotection.gov.uk and the Department of Health website at http://www.dh.gov.uk.