The Medical Protection Society (MPS) is encouraging GP practices participating in the government’s trial to provide seven day GP access and extended opening hours to be mindful of confidentiality if sharing medical records with other primary care services.
Many patients seeking ‘out of hours’ appointments at practices involved in the trial are registered elsewhere, and it seems sensible that GPs treating the patient have access to their records. However, this is not as straightforward as it may seem, and a number of members have contacted MPS seeking clarification about their obligations of confidentiality to their patients.
MPS is advising GPs to ensure they have express consent from their patients before allowing access to medical records by other practices and primary care organisations. GPs should ensure they have minimised the risks of sharing confidential information with other healthcare professionals and obtained advice from the local caldicott guardian and area team.
Dr Pallavi Bradshaw, Medicolegal Adviser at the Medical Protection Society (MPS) says: “Some GP practices who are involved in the government’s trial may have not appreciated the need for express consent from individuals before sharing access to medical records. Patients should be given the choice of whether they consent to their records being shared in this way and GPs – as data controllers – have an ethical and legal obligation to abide by those wishes.
“MPS encourages practices that are asked to provide access to records to have clear policies and procedures in place to ensure appropriate sharing and processing of sensitive information and that valid consent has been obtained.
“Healthcare professionals accessing and adding to GP records must ensure they follow ethical guidelines and are responsible for keeping records confidential. The quality of the medical records they add should be sufficient to enable the patient’s regular GP to continue with their ongoing care.”
Dr Bradshaw adds: “Locally coordinated schemes and publicity campaigns by practices with the support of NHS England would help inform patients of the benefits of the scheme and ensure that they have a say in who can access their medical information.”
More information
For further information please contact Shannon Darling, MPS Press Officer at +44 020 7399 1319 or email [email protected]
Dr Pallavi Bradshaw graduated from St Catharine’s College, Cambridge, gaining a BA (Hons) with a dissertation in Medical Law and Ethics. She trained at Addenbrooke’s Hospital and graduated from the clinical school in December 2001.
UPDATE: MPS reassured by data sharing policies in seven day GP access trial
24 October 2014
MPS is reassured that some local GP practice clusters involved in the government’s trial to provide seven day GP access and extended opening hours are implementing data sharing policies. These agreements allow doctors access to medical records held by another practice within the scheme, with the explicit consent of the patient. This complies with both the Information Commissioner’s guidance on data sharing and the legal obligations for practices under the Data Protection Act.
GPs who are unsure of their obligations when sharing confidential information with other healthcare professionals should contact MPS or their local caldicott guardian.