Download Scottish Government Records Management: NHS Code of Practice PDF

TitleScottish Government Records Management: NHS Code of Practice
LanguageEnglish
File Size626.7 KB
Total Pages158
Document Text Contents
Page 1

SCOTTISH GOVERNMENT

RECORDS MANAGEMENT:

NHS CODE OF PRACTICE

(SCOTLAND) Version 2.0

March 2010

Page 2

2

DOCUMENT CONTROL SHEET:



Title:
Records Management: NHS Scotland Guidance

Date Published/Issued: 31/03/2010

Date Effective From: Date that document is effective from – especially important

for policy and guidance documents

Version/Issue Number: Version 2

Document Type: Best Practice Guidance

Document status: Final

Author: Records Management Lead

Owner: eHealth Directorate, Scottish Government

Contact: Records Management Lead





Target Audience Records Managers

Supersedes SHM 58/60 – Scottish Hospital Service Destruction of

Hospital Records;

ECS(A) 21/1969 – Disposal of Records That Have Lost

Their Value;

MEL (1993) 152 – Guidance for the Retention and

Destruction of Health Records;

HDL (2006) 28 – The Management; Retention and

Disposal of Administrative Records;

CEL 28 (2008) - Records Management: NHS Code of

Practice (Scotland)



Distribution: This document has been distributed to



Name: Title/Organisation : Date of

Issue:

Version:

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18. The Human Fertilisation and Embryology Act 1990 as amended by

the Human Fertilisation and Embryology Act 2008

The Act is retrospective and applies to information obtained before and after it

was passed. The Act prohibits the disclosure by current and former members

and employees of the Human Fertilisation and Embryology Authority of:



 any information obtained with the expectation that it would be held in

confidence.



The Human Fertilisation and Embryology Authority (Disclosure of Donor

Information) Regulations 2004 (SI 1511) prescribe the information which the

Authority will provide to persons who have attained the age of 18 and who

may have been born in consequence of treatment services under the Act.



Records management considerations:

To meet the requirements of this Act, organisations must ensure they have

processes in place to ensure that such information is available only to those

permitted access. This is especially important as regards paper records,

where information on this form of treatment is likely to be included within past

medical history (particularly hospital records). Find out more here



19. The Human Rights Act 1998

The Act became part of UK law on 2 October 2000. It does not contain new

rights. It incorporates the European Convention on Human Rights into UK law,

allowing an individual to assert their Convention rights in UK courts and

tribunals, rather than at the European Court in Strasbourg. The Act can be

used only against a public body, therefore NHS and social care organisations,

as public bodies, are subject to the Act. Article 8 of the Act the right to

respect for private and family life is the most relevant to the health and social

care setting.



The Right to Respect for Private and Family Life contains four rights.

These are:

 the right to respect for private life;

 the right to respect for family life;



 the right to respect for correspondence.

http://www.opsi.gov.uk/acts/acts1992/Ukpga_19920054_en_1.htm

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Article 8 is not an absolute right, in that the Act makes provision for

interference with the rights (see below). It does, however, impact on subject

access requests, consent, confidentiality and disclosure issues.



The right to respect for private life

The current approach is that the right to respect for private life includes an

obligation on a public body to meet subject access requests. Denial of access

could be interpreted as a breach of Article 8 as it prevents an individual

gaining access to information held about him/her. This reflects the rights of the

individual under the Data Protection Act 1998. Legislation must be read, as far

as possible, in a way that is compatible with the Human Rights Act.



The right to respect for private life can also be invoked where treatment

information is withheld from the individual. If an individual consents to

treatment but has not been given sufficient information to make a fully

informed decision that consent will not be valid. Arguably, the withholding of

information is a breach of the Article 8 right.



The Article 8 right reflects the common law duty of confidentiality in that patient

infor

is inappropriately disclosed the individual can take legal action for breach

against the public body concerned. Not only must patient information be held

confidentially, it must also be held securely. Failure to do so will also breach

the right to respect for private life.



The right to respect for family life

This right may also be relevant, in that relatives of the ill often wish to be

involved in the decision making process, and kept informed of progress.

confidentiality.



The right to respect for family life becomes even more relevant where the

informed can

be seen as an interference with this right, actionable under the Act. However,

likely to outweigh the right of the family.

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NHS Board Records

TYPE/ SUBTYPE OF RECORDS



MINIMUM

RETENTION

PERIODS

NOTES

Photographs consider for

permanent

preservation

Corporate and publicity

photographs, not used

those for patient care

purposes.

Press cuttings consider for

permanent

preservation



Register of seals permanent

Reports - major permanent

Serious incident files permanent

Service development reports 6 years

Service level agreements 6 years

Strategic plans permanent



Subject files permanent Files relating directly to

the formulation of policy

and major controversies

must be permanently

preserved. Other files

should be disposed of

when no longer needed.

Trust arrangements legally

administered by NHS

organisations - documents

describing terms of foundation/

establishment and winding-up

permanent

Trusts arrangements legally

administered by NHS

organisations - other documents

6 years

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Administrative Records - Service Planning

TYPE/ SUBTYPE OF

RECORDS



MINIMUM

RETENTION

PERIODS

NOTES

Activity monitoring reports 6 years after end of

agreement



Admission, transfer and

treatment of patients-

policy files

permanent

Databases - demographic

and epidemiological based

on data supplied by NHS

National Service Scotland,

Information Services

In accordance with

general policies of NHS

National Service Scotland,

Information Services, and

any specific terms and

conditions imposed by

them in relation to

particular data sets

Databases - demographic

and epidemiological based

on survey data

May be retained

indefinitely if data quality

and potential for future re-

use justifies cost of

migration / regeneration to

new formats and platforms

Patient activity data 3 years

Summary bed statistics permanent

Waiting list monitoring

reports

6 years

Winter business plans 6 years









ISBN 978 0 7559 9291 1 (web only publication)

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