Richard Bruton
Question:17 Mr. R. Bruton asked the Minister for Health whether he has satisfied himself that patients have proper access to their medical records; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Access to Medical Records.
Medical records are regarded as the property of the health board or hospital concerned. As a general rule, a hospital will make details of the relevant medical records available to a member of the medical profession who requires them. Individuals who have queries about their medical records should seek the advice of their general practitioners or the consultant who treated them. Regulations under the Data Protection Act, 1988, provide for patient access to medical records held in automated data format on the following basis: (a) information shall not be supplied if it would be likely to cause serious harm to the physical or mental health of the data subject and (b) information may only be withheld or supplied by, or following consultation with, an appropriate health professional. However, most medical records are kept in manual and not automated data format.
An EC Draft Directive on data protection is under consideration at present. While it is still at an early stage, it is likely that it will cover manual as well as automated data files and will also cover medical records.
Will the Minister agree that a patient has every right to his or her medical records? It is a personal relationship between the patient and the health board or the doctor. It is now accepted that people have a right to access to records. Will the Minister agree that it is time we brought in legislation to give people such access which prevents them at present from knowing details of their case and taking legal action if they feel it may be appropriate?
Yes, as a general principle I believe that the patient should have easy access to their own records and this is the case. However, as I pointed out, in certain circumstances it might not be appropriate to give the medical record, for example, as outlined in the Data Protection Act, the information should not be supplied if it is likely to cause serious harm to the physical or mental health of the data subject. While I said that most of the records are manual, the same criteria should apply to them as to those covered by the Data Protection Act.
Surely it is unfair that the record holder should be the gamekeeper, it is a question of giving access——
The time avaialble for dealing with priority questions is now exhausted and we must proceed to other questions. I am calling Question No. 20.