Services and Access

Restrictions on Access

LHSA holds a large amount of material which is confidential, for example patient records, hospital staff records, records of medical and nursing students.  LHSA ensures the security of confidential records and manages access to them in accordance with the following pieces of legislation:

UK Data Protection Act 1998 Records of living individuals are closed for 100 years.  Access by a third party can only be granted with the permission of the individual.  Under the terms of the Data Protection Act you are entitled to gain access to your own records.
Records Management: NHS Code of Practice (Scotland) Version 2.1 (2012) Personal health records of deceased individuals are closed for 75 years (100 years for minors) following the last recorded entry for the patient.  Access can be permitted in certain cases.
Freedom of Information (Scotland) Act 2002 Individuals have a general right of access to information produced and held by Scottish Public Authorities, subject to certain exemptions. Confidential personal data is exempt under Section 38.