Under the Data Protection Act 1998, you have a right to know who holds personal information about you. This person or organisation is called the data controller. In the NHS, the data controller is usually your local NHS board and your GP surgery. The NHS must keep your personal health information confidential. It is your right.
Please be aware that our staff are bound to the NHS code of confidentiality. Our staff are therefore not permitted to discuss any of our patient’s medical history, this includes their registration status, without their written consent to do so.
Once we have received their written consent and verified this with the patient, then we can provide you with this information, this includes complaining on behalf of a patient, but excludes patients who are unable to act on their own behalf and already have a designated person or carer responsible for their medical care.
We therefore respectfully ask parents, relatives, and guardians not to request information regarding their relatives/friends or to complain on their behalf unless we have their written consent to do so.
Please note in Scotland if you are 12 or over, the law assumes you can make your own decisions about your health care information unless there is evidence to suggest you can’t. If you are under 12, you may still be able to make decisions about your health care information but the doctor must believe that you understand enough to do this.
For further information please refer to “Confidentiality it’s your right” leaflet
What if I am under 16?
Anyone who looks after your health has to keep information about you private. This may be doctors, nurses, pharmacists or other health workers.
The information tells you only about how things work in the health service, not other organisations such as your school or social services.
When you are young, your parents are usually involved in your health care. They may make decisions for you, and speak to health workers on your behalf. But as you get older you have more rights. You can decide if you want your parents to be involved or not.
- In Scotland if you are 12 or over, the law assumes you can make your own decisions about your health care information unless there is evidence to suggest you can’t
- If you are under 12, you may still be able to make decisions about your health care information but the doctor must believe that you understand enough to do this
- When we talk about parents, we also mean anyone who is your legal guardian
- If you want to talk about your health in private, and you need an interpreter, ask our reception staff to arrange this for you
- If you are over 12 years of age Practice staff are unable to provide confidential information to your parent or guardian unless you have given us written permission to do so
For further information concerning Confidentiality and your rights please visit NHS Inform .
The Patient Rights Act provided for the establishment of PASS. PASS operates independently of the NHS, and provides free, confidential information, advice and support to anyone who uses the NHS in Scotland. The service promotes an awareness and understanding of the rights and responsibilities of patients and can advise and support people who wish to give feedback, make comments, raise concerns or make complaints about treatment and care provided. Further information can be found on the PASS web site: www.patientadvicescotland.org.uk
Freedom of Information (Scotland) Act 2002
The Freedom of Information (Scotland) Act 2002 introduces important new laws about our obligations to make information publicly available. The Act gives people new rights to access information. Most of these rights come into effect from January 2005. The Act opens with a general statement that “A person who requests information from a Scottish public authority which holds it, is entitled to be given it by the authority, section 1 (1) Freedom of Information (Scotland) Act 2002.
Any person or organisation can make a request for information which is not already detailed in our Publication Scheme. They do not have to work or live in Glasgow. A request for information must be in writing and made to the Practice Manager. The applicant must give their name and an address for the reply. They do not need to say they want the information. They may express a preference for information to be provided in a particular form e.g. paper copies or memory stick. We should aim to comply with their requested preference. We are not obliged to charge applicants for supplying information if we do we will inform you before providing the information. We have 20 days to comply with your request.
If you are unhappy with the information provided please contact the Scottish Information Commissioner who has the power to enforce individuals with rights under the act.
Contact can be made at :
Fife KY16 9DS.
Telephone: 01334 464610. Fax: 01334 464611.