Subject Access Requests (SARs) are a fundamental right under the UK data protection laws, specifically the Data Protection Act 2018, which is aligned with the General Data Protection Regulation (GDPR).
In the context of health and social care, SARs are particularly significant because they allow individuals to access the personal data that organisations hold about them.
The Legal Framework
SARs are governed by the Data Protection Act 2018 and the GDPR. These regulations provide individuals with the right to access their personal data and to understand how this data is being used, stored, and shared.
The Right to Access
Individuals have the right to:
- Know whether their personal data is being processed.
- Access their personal data.
- Receive supplementary information, such as the purposes of the processing, the categories of personal data concerned, and any recipients of the data.
Relevance in Health and Social Care
In health and social care, personal data can include medical records, care plans, social service records, and other health-related information. It is crucial for patients and service users to have access to this information for several reasons:
- To be informed about their health and care.
- To ensure that the information held about them is accurate.
- To have the ability to challenge or rectify incorrect or outdated information.
- To make informed decisions about their own care.
How to Make a SAR
An individual can make a SAR either verbally or in writing to the relevant health or social care provider. The request should, ideally, specify the information they seek, though this is not a mandatory requirement.
Response Time
Organisations are required to respond to a SAR without undue delay and at the latest within one month of receipt of the request. This period can be extended by a further two months if the request is complex or if multiple requests have been made, but the individual must be informed of the delay and the reasons for it within the first month.
Verification
Before providing the information, the organisation may need to verify the identity of the person making the request to prevent unauthorised access to data.
Format of Information
The information must be provided in a commonly used electronic form if the request was made electronically, unless otherwise requested by the individual.
Charges
Under normal circumstances, no fee is charged for handling a SAR. However, if the request is manifestly unfounded or excessive, especially if it is repetitive, a reasonable fee can be charged to cover the administrative costs. Alternatively, the organisation can refuse to respond, but they must provide a justification for this refusal.
Exemptions
There are certain exemptions and limitations to the right of access. For example, if disclosing the information would adversely affect the rights and freedoms of others, certain parts of the data may be withheld. Additionally, specific health and social care records may be exempt from disclosure if, for instance, revealing the information would likely cause serious harm to the physical or mental health of any individual.
The Role of the Information Commissioner’s Office (ICO)
The ICO is the UK’s independent authority set up to uphold information rights. If an individual is unsatisfied with the response to their SAR or how it was handled, they can lodge a complaint with the ICO.
Organisational Responsibilities
Health and social care organisations must ensure they have protocols and systems in place to handle SARs efficiently. This includes training staff, maintaining accurate records, and having a clear process for verifying identity and handling requests.
In summary, SARs play a critical role in ensuring transparency and trust within health and social care sectors. They empower individuals by providing them with access to their own personal data, which is integral to facilitating better health outcomes and respecting patient autonomy.