Use of SARs by insurance firms to obtain medical records

Date sent: Thursday 16 July 2015

To All Thames Valley Practices - Please circulate within your Practice

Issue date: 16.07.15

Dear All,

Please see the information below and attached document re: Use of SARs by insurance firms to obtain medical records.

Kind regards

Dr Paul Roblin

CEO BBOLMC

Tel: 07799116597 or 01628 475727

___________________________________________________________________________________________________________________

From: GPC Local Medical Committees discussion list [mailto:LMC-L@LISTSERV.BMA.ORG.UK] On Behalf Of Ingrams Grant (NHS COVENTRY AND RUGBY CCG)
Sent: 16 July 2015 10:24
To: LMC-L@LISTSERV.BMA.ORG.UK
Subject: Use of SARs by insurance firms to obtain medical records

Dear All

The GPC has received a reply from the ICO regarding the use of Subject Access Reports under the Data Protection Act rather than requesting GP reports.

The ICO has ruled that this use is inappropriate (see letter attached). In particular I note the first paragraph of the Summary:

"The right of subject access is a key element of the fundamental right to the protection of personal data provided for under Article 8 of the EU Charter of Fundamental Rights which is conferred upon individuals. It is not designed to underpin the commercial processes of the life insurance industry. The Commissioner takes the view that the use of subject access rights to access medical records in this way is an abuse of those rights."

The GPC will send out a 'Focus On' shortly, but in the interim, as I am aware that practices are regularly receiving these requests (my practice had one yesterday), I would recommend that LMCs advise practices not to respond to these requests.

Best wishes.

Grant

*******************************************

Dr Grant Ingrams

The Crossley Practice

16 Henley Road

Bell Green

Coventry, CV2 1LP

Tel: 07973 630838

*******************************************

Attached file: ABI-Letter-20150714-(Word).doc

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