You Can Ask to See Your Own File

Field Notes

By Trevor, founder of Privacy Architect

Most of us have no idea how much an organisation holds about us. The law gives you a way to find out, and it costs nothing to ask.

Your right to ask

Under data protection law you can ask any organisation for a copy of the personal information it holds about you. This is called a subject access request. It covers your GP, a hospital trust, a mental health service and government departments such as the DWP.

How to ask

  • Your GP or a hospital: contact the practice or trust and ask for your records. Each holds its own, so you may need to ask more than one.
  • The DWP: you can ask for a copy of what it holds, such as fit notes, evidence used in a dispute, and your work capability and health assessments. Describe the information and the period you want, and give your name, address, date of birth and National Insurance number.
  • Proof of who you are: the organisation can ask for the additional information it needs to be sure it really is you (UK GDPR Article 12(6)). What that looks like is set by the organisation, so check its own page before you send documents.
  • Someone asking for you: this needs evidence of your permission, such as a signed letter of consent.

How long it takes

One month, starting once they have what they need from you. If the request is complex, or you make several, it can stretch to three calendar months. The ICO says its guidance is under review because of the Data (Use and Access) Act, so check its page for the latest.

What it costs

Generally nothing. A reasonable fee can be charged if a request is manifestly unfounded or excessive, for example asking again for the same information straight after receiving it. A reasonable fee may also be charged for further copies of the same data (Article 15(3)).

What you might find

More than you expect: appointment notes, letters, results, assessments, and details of missed appointments. Mental health services record a missed appointment, attempts to contact you, and a risk assessment afterwards.

One request, a shock

I have seen many doctors and specialists over the years, and I never imagined how much that adds up to until I asked to see it. When I asked one organisation for my records, I was astonished by how much came back. I had asked for documents going back as far as the year 2000, and the file filled two A4 ring binders. Yours may be smaller. But I did not know that much about me existed in one place until I asked.

An organisation can only give you what it still holds, so asking for the whole span is the only way to find out how far back it goes.

How long is it kept?

It depends on the service and the type of record. Some mental health records are kept for many years. Ask the service holding yours what applies.

Look after yourself

Reading your own file can be hard, especially after a period of illness. Ask someone you trust to be with you, and do not feel you must read it all at once.

Sources

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