Annex
Email from Linda Percival, Department
of Health, to Helen Wilkinson
To receive care from your GP as a patient of
the NHS you have to be registered as being a patient of the practice.
This is a requirement in law and the PCT is legally required to
enter your contact details on the register which is held within
the NHS Health Authority Information System. I am aware that you
are not happy about this but it is a legal requirement and as
such the provisions of section 10 of the Data Protection Act 1998
do not apply. Once registered the GP can of course refer you to
a specialist in the normal manner.
Alternatively you may directly access services
through A&E and seek referral to the appropriate specialist
through this route. As you have no NHS GP there should be no issue
with this happening. The hospital will create records of the care
and treatment it provides but as a block has been placed on the
NHS Wide Clearing Service any automated transfer of information
from the hospital will be prevented so the information created
will remain at the local level. You may be able to agree with
the hospital that minimal records be kept or that records be kept
under an alias or largely on paper, though I accept that most
hospitals will be very reluctant to do this. If the creation of
these records locally causes you distress you are of course entitled
to request their deletion by the hospital by providing a written
section 10 request that meets the requirements set out in the
Act, including the reasons for your distress so that the hospital
can male a judgement as to whether or not to comply.
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