Health records contain information about your health and any care or treatment you’ve received.
Your health records may contain:
- test and scan results
- doctors notes
- letters to and from NHS staff
It’s important that your records are kept up to date. You should tell NHS staff when your personal information changes or if you are going to be out of the UK for a long time.
How health records are stored
Different parts of the NHS hold records. For example, your GP practice and any hospital you have been to may hold records about you.
NHS Scotland follows the retention schedule set out in the Scottish Government Records Management Health and Social Care Code of Practice as a guideline about how long it should keep health records, and when they can be destroyed.
You should contact your GP practice manager or hospital health records manager if you would like more information about how your records are stored.
Emergency care summary
Most patients in Scotland now have an Emergency Care Summary containing basic information about your health in case of an emergency.
NHS staff can also use your Emergency Care Summary if your GP refers you to an outpatient clinic or for admission to hospital to check your details.
Before any member of staff looks at your Emergency Care Summary, they must get your consent.
Specialist health records
Patients with particular needs or living with long-term conditions may also have a Key Information Summary containing information that NHS staff should know.
The Key Information Summary might contain:
- an emergency contact
- information about a patients condition
- what treatment the patient is having
If you need a Key Information Summary, your GP will discuss with you what information should be included.
Accessing your health records
You have a right to see or get a copy of your health records.
How to see your records
To see your records you will have to apply to the organisation that is responsible for them, for example:
- your GP practice manager
- your dental surgery manager
- the records manager at your hospital
You don’t need to give a reason for wanting to see your health records.
When writing, you should say if you:
- want to just see your records or also have a copy
- want all or just part of your records
- would like to get your records in a format that meets your needs
You may also need to fill in an application form and give proof of your identity.
Who can apply?
You can usually apply if you’re able to understand what is involved in asking to see your records.
Someone else can apply to see your records if you:
- agree to this
- can’t make decisions for yourself and someone has been appointed to act on your behalf
Someone with responsibility for you can apply to see your records if any of the following apply:
- you’re over 12 and you agree to this
- you don’t understand what’s involved
If you’re under 12, your parents or guardians must apply to see your records on your behalf.
How much does it cost to view or get copies of your records?
It is free to:
- view your records
- request the first copy
If you request additional copies, you will be told if an admin fee will apply.
If you make the request by email or online, unless otherwise requested by you, the information will be provided in a similar secure format.
How long will it take
You will usually receive your records within 30 days of making an application and paying the admin fee if applicable.
Unhappy with your application
If you are unhappy with how your application has been dealt with, you should ask to speak to the person you sent your request to.
If you are still unhappy, you have a right to make a complaint.
Find out about giving feedback and making complaints about how your application has been dealt with.
Viewing your health records
If you choose to view your records at your GP surgery or hospital, someone will probably be with you while you do this.
If you choose to be given a copy, you may get
- a computer printout
- a photocopy
- an electronic file
Some information on your records may be kept from you. NHS staff don’t have to tell you if this has happened.
You won’t be able to see information that could:
- cause serious harm to your own or someone else’s physical or mental health
- identify another person (except NHS staff who have treated you), unless that person gives permission
If you think information in your records is incorrect, you should first talk to staff providing your care who will then decide the best course of action.
If they decide the information is incorrect:
- A line will be put through it so that people can still read it but can see that it has been corrected
- A note will be attached to your records explaining why this has been done
If they decide the information is correct:
- Your records will not be changed
- A note can be attached to your records explaining why you think the information is incorrect
Removal of information
Information can only be removed from your records if:
- a court orders it
- the conditions for ‘the right to be forgotten’ apply
NHS staff need your full records to:
- understand earlier decisions made about your care
- comply with legal and professional obligations
The right to be forgotten
You may want to approach NHS Scotland to request that your information is removed from their records if you feel that:
- your information is no longer necessary
- your information has been unlawfully used
- your information is held without legal basis and you haven’t given consent
- the personal information has been collected online by services offered directly to children
There may be occasions when the NHS will not uphold your request, for example:
- when there is a legal obligation for keeping the information
- when the NHS needs the information to carry out its duties in the public interest such as planning healthcare services
- for public health reasons
The NHS must reply to your request within 30 days.
You can claim compensation if you suffer physical, psychiatric, or financial damage because:
- information in your records is inaccurate
- your information is accidentally lost, damaged or destroyed, or disclosed without permission
Find out more about clinical negligence and your right to feedback and complain about your care.
The law allows you to see records of a patient that has died as long as they were made after 1st November 1991.
Records are usually only kept for three years after death.
Who can access deceased records?
You can only see that person’s records if you are their personal representative (e.g most parents/guardians of a minor or a person with power of attorney for health care for a patient), administrator or executor.
You won’t be able to see the records of someone who made it clear that they didn’t want other people to see their records after their death.
Accessing deceased records
Before you get access to these records, you may be asked for:
- proof of your identity
- proof of your relationship to the person who has died
Contact the GP practice or local health board that the deceased person was registered with to request their health records.
Viewing deceased records
You won’t be able to see information that could:
- cause serious harm to your or someone else’s physical or mental health
- identify another person (except members of NHS staff who have treated the patient), unless that person gives their permission
If you have a claim as a result of that person’s death, you can only see information that is relevant to the claim.