Name the people who have accessed my medical records

Summary

The requester asked for the names, reasons, and dates of individuals who accessed their medical records since the Data Protection Act came into force. The Department of Health and Social Care refused the request, stating they do not hold the information as it is managed by Manx Care.

Key Facts

• The Department of Health and Social Care does not hold the requested medical access records.
• The information is likely held by Manx Care, which is responsible for service delivery.
• The requester was advised to submit a Data Subject Access Request (DSAR) to Manx Care instead.
• The Department was redesigned on 1 April 2021 following Sir Jonathan Michael's Independent Review.
• The redesign separated policy setting from service delivery.

Data Disclosed

• 3884537
• 2024-05-28
• 2024-05-29
• 1 April 2021
• Section 11(3)a
• ManxCareSARS@gov.im

Exemptions Cited

• Section 11(3)a of the Act (Information not held)

Original Request

I require you to name, the reason why and date the people who have accessed my medical records since the data protection act came into force.

Data Tables (1)

Full Response Text

Chief Officer: Paul Richardson Freedom of Information Team First Floor Belgravia House Circular Road Douglas IM1 1AE

Our ref: 3884537 28 May 2024

Dear ###

We write further to your request received 28 May 2024, which states:

"I require you to name, the reason why and date the people who have accessed my medical records since the data protection act came into force."

While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care (the Department) is unable to provide the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested as it may be held by Manx Care.

You may wish to submit a Data Subject Access Request (DSAR) directly to Manx Care as the information you are requesting is your own data and so is processed in a different manor to a freedom of information request (where the information requested is made publically available). This can be sent to the Manx Care DSAR email address, ManxCareSARS@gov.im.

To provide advice and assistance, the Department of Health and Social Care redesigned on 1 April 2021 as a direct result of Sir Jonathan Michael’s Independent Review of the Isle of Manx Health and Care System. This Review continues to be a catalyst for change and improved service provision. The redesigned Department
ensures the separation between the setting of policy and strategy and the delivery of services by Manx Care.

Please quote the reference number 3884537 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.