Unlawful access to records

Posted by: Sarah - Posted on:

Following a number of high-profile cases which have been in the news the message here is very clear; you must not access a patient record unless you have a valid reason to do so.  Those who do access, or attempt to access, a patient record for other reasons may well be reported to the Police and the ICO and face criminal penalties.  

We are aware that some well-known patients have had their records accessed by staff without justification, Sir Alex Ferguson and Princess Catherine are just two recent examples, but we also need to be aware that otherwise regular individuals can become newsworthy very quickly such as those involved in the Nottingham murders and the Southport attack.

Southport attack victims’ medical records ‘accessed inappropriately’ – BBC News

This letter from Sir Jim Mackey asks that his message is shared with all staff and that consideration is given to other actions you may need to take to tackle this problem, including training and increased awareness of responsibilities and harm caused. As your Data Protection Officer service, we consider it essential that this action is undertaken promptly. These posters should be displayed internally across the organisation, with regular communications issued to staff to ensure the message is consistently reinforced and understood to create a culture of confidentiality.

NHSE have also published new guidance to support this campaign: Stopping unlawful access to records – NHS England Digital