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Access to Health Records Act 1990

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5 Cases where right of access may be partially excluded.E+W+S

(1)Access shall not be given under section 3(2) above to any part of a health record—

(a)which, in the opinion of the holder of the record, would disclose—

(i)information likely to cause serious harm to the physical or mental health F1. . . of any F1. . . individual; or

(ii)information relating to or provided by an individual, other than the patient, who could be identified from that information; or

(b)which was made before the commencement of this Act.

(2)Subsection (1)(a)(ii) above shall not apply—

(a)where the individual concerned has consented to the application; or

(b)where that individual is a health professional who has been involved in the care of the patient;

and subsection (1)(b) above shall not apply where and to the extent that, in the opinion of the holder of the record, the giving of access is necessary in order to make intelligible any part of the record to which access is required to be given under section 3(2) above.

(3)[F2Access shall not be given under section 3(2) to any part of a health record] which, in the opinion of the holder of the record, would disclose—

(a)information provided by the patient in the expectation that it would not be disclosed to the applicant; or

(b)information obtained as a result of any examination or investigation to which the patient consented in the expectation that the information would not be so disclosed.

(4)Where an application is made under subsection (1)(f) of section 3 above, access shall not be given under subsection (2) of that section to any part of the record which, in the opinion of the holder of the record, would disclose information which is not relevant to any claim which may arise out of the patient’s death.

(5)The Secretary of State may by regulations provide that, in such circumstances as may be prescribed by the regulations, access shall not be given under section 3(2) above to any part of a health record which satisfies such conditions as may be so prescribed.

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Amendments (Textual)

F2Words in s. 5(3) substituted (1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 13; S.I. 2000/183, art. 2(1)

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