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Chamber and committees

Question reference: S1W-02469

  • Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
  • Date lodged: 10 November 1999
  • Current status: Answered by Susan Deacon on 10 December 1999

Question

To ask the Scottish Executive what the rights are of separated parents to access to their children's clinical notes.


Answer

The Access to Health Records Act 1990 gives individuals the right of access, subject to certain specific exemptions, to health records containing information about themselves. Parents may also be entitled to access to their children's health records. The Act makes no distinction between parents who may be living together or separated. In the case of a child under the age of 16, an application for access to a record may be made by either the patient, a person authorised by the patient or by the child's parent or guardian. The child's right to confidentiality, however, must also be considered. A child who, in the opinion of the health professional with overall responsibility for their clinical care, possesses sufficient understanding to give or withhold consent to disclosure of their information enjoys the same rights to confidentiality as any other person.