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DATA

Members should be aware that they may request their client’s full notes and records from a GP and the consent obtained from the client to do so must be specific, informed and unambiguous.  Explicit consent is required in a clear statement from the client.

However if members only require a part of the notes and records to bring or defend a claim on their client’s behalf,  then it is advisable to limit the request to an identified time period.   Not only will this be speedier from an administrative perspective, but also it will mean that members will have less information to process and keep secure.  It would also be advisable to keep a note or record on the file as to why it was thought necessary to obtain the notes on records.

Members are referred to the guidance offered by the ICO on data minimisation and storage limitation which can be accessed on the following hyperlinks:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/data-minimisation/    

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/storage-limitation/

 

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