Q&As

Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?

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Published on LexisPSL on 31/05/2017

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?

In answering this query, it has been assumed that this question refers to a request made under section 29 of the Data Protection Act 1998 (DPA 1998) and the requestor therefore is not the data subject.

Unless an exemption applies, a data controller must not disclose personal data to third parties contrary to the non-disclosure provisions of the DPA 1998. See Practice Note: Exemptions to the DPA 1998. The 'non-disclosure provisions' includes:

  1. the first data protection principle (fair and lawful processing), except for the requirement to satisfy one or more of the conditions for processing (DPA 1998, Sch 2 and 3)

  2. the second (purposes), thi

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