Data Protection Act 1998

 
The Act

• covers all health records, manual and electronic
• provides additional safeguards for processing sensitive information
• enhances the existing rights of data subjects
• gives the right to have information corrected  

Any breach of the 1998 Act is a criminal offence.

If this happens your patient may

• complain to the Information Commissioner if any part of the 1998 Act has been breached
• seek compensation from the data controller for damage or distress caused by loss, destruction or unauthorised disclosure of either accurate data or inaccurate data in cases where the GP as data controller is unable to prove that he/she has taken such care as was reasonable in all circumstances to comply with the relevant requirement(s) of the 1998 Act.

http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_1

GPC Guidance on Data Protection Act (updated 2007)

CED Oct 08