Vol. 542 No. 4
146 Mr. Stanton asked the Minister for Health and Children if parents have a statutory right to inspect medical records of their children in hospitals here; if they can obtain copies of these records going back to and including the birth of children; and if he will make a statement on the matter. [24733/01]
It is important that parents are well informed about the health and medical treatment of their children. Parental consent is required for treatment. Clear communication with parents and guardians is a measure of good practice and in so far as it is in the interests of the child, parents should have ready access to records.
Within statute, the general position is that access to the health record of a child must be in the best interests of the child. Parents have a qualified right of access in so far as that is the case. The Freedom of Information and Data Protection Acts create rights of access and also protect the privacy of the child.
When parents seek such access under the Freedom of Information Act, 1997, hospitals will grant it in accordance with the provisions of that Act. There are regulations and guidelines relating to access by parents and these are available on the website of the Information Commissioner.
Where parents seek such access under the Data Protection Act, 1988, although there is no right of access, the data controller may release records to a parent as a person acting on behalf of or with the consent of the subject.
