Data protection

The Data Protection Act 1998 is a law designed to protect and maintain personal identifiable information, and to enable those wishing to, to gain access to their records.

When East Cheshire NHS Trust staff handle personal patient data they are under obligation to adhere to standards set by the Data Protection Act.

Whether they are using, holding, disclosing or disposing of information, staff must abide by the eight principles detailed in the act.

Data controller

East Cheshire NHS Trust is the data controller for this website under the Data Protection Act 1998. This means East Cheshire NHS Trust is permitted to collect and process personal information about data subjects so that we can meet our business responsibilities. We will process your data in accordance with the Data Protection Act 1998. The purpose of the privacy policy is to inform you as a user of the site about what information we collect when you visit the site, how we use the information, whether the information is disclosed and the ways in which we protect users' privacy.

What does this mean to me?

The Data Protection Act requires that any records held about you are kept secure at all times (both physically and electronically) so that only those people concerned with your medical care have access to them.  It also affords you the following rights:

• It gives you the right to access, or prevent access to your records if it is likely to cause damage or distress.
• You can claim compensation if you suffer in any way from misuse of your information.
• You can ask for a record to be corrected if you believe factual information is incorrect.

How do I access my health records?

You have the right to apply for access to health information held about you and, in some cases, information held about other people. A health record is defined in the Data Protection Act as being any record which consists of information relating to the physical or mental health or condition of an identifiable individual and has been made by or on behalf of a health professional in connection with the care of the individual.

Access is generally provided under the following statutes:

• The Data Protection Act 1998 (living individuals records) - provides individuals (data subjects) with the right to access their personal data. The right can also be exercised by an authorised representative on the individual's behalf
• The Access to Health Records Act 1990 (Deceased patients' health records) - provides a right of access to deceased patient health records by authorised representatives. 

Download the Access to health records application form

Who else can access my records this way?

• Anyone authorised in writing by the patient.
• Anyone who has parental responsibility for a child under the age of 16.
• Anyone appointed by the courts authorised in writing.
• A representative of a deceased patient authorised in writing.

Where do I send my request?

Both types of requests are dealt with by the Information Governance Department in accordance with the law and the Department of Health's guidance for access to health records requests.

We have produced an access to health records application form for your convenience which can be accessed on the right hand side of this web page under the downloads tab or requested from the Information Governance Department. Alternatively, you can make a formal request in writing to the Information Governance Department. Please state who you are and how you can be contacted. We may also ask you for proof of identity. 

You may wish to obtain all, or parts of your health record, so please do specify any particular treatment dates or sections you wish to view.

We will endeavour to comply with the request within 21 days of receipt where possible but will always complete within 40 days of receipt of the fee.

Please send your completed application forms or written requests to access your health records to the following address:

Information Governance Department

1^st Floor, Education and Training Building

Macclesfield District General Hospital

Victoria Road

Macclesfield

Cheshire  SK10 3BL

Email: ecn-tr.infogov@nhs.net

Telephone: 01625 661625 or 01625 663813

How much will it cost me?

To provide you with a copy of your health records the costs are:

• Health records held totally on computer: up to a maximum of £10.
• Health records held in part on computer and in part manually: up to a maximum of £50.
• Manual health records: up to a maximum of £50.

To allow you to view your health records the costs are:

• Health records held totally on computer: up to a maximum of £10.
• Health records held in part on computer and in part manually: a maximum of £10.
• Manual health records: up to a maximum of £10 unless they have been added to in the last 40 days in which case viewing should be free.

What happens if I am unhappy with the response or feel the information is inaccurate?

You can contact our Information Governance Department or Customer Care Team or you can refer the matter to The Information Commissioner's Office.

Accessing other types of information

If you wish to gain access to any other type of recorded information held within the trust, you can make a request under the provisions of the Freedom of Information Act 2000.  Similar to subject access, please direct your request to the Information Governance Department.

View our privacy statement