Medical record requests are causing confusion amongst solicitors as to whether they can obtain them for free by making a subject access request under the GDPR.

Under the Access to Medical Records Act 1998, doctors are allowed to charge for providing medical record information, work which can be time cumbersant. However, it seems making a free subject access request under the GDPR is becoming increasingly prominent with some doctors receiving requests every week to supply notes.  

In response to the issue, the British Medical Association (BMA) has surveyed its members ahead of government talks and also issued some guidance. The BMA has stated that requests for creation or interpretation of medical reports falls under the Access to Medical Report Act, as both require new data to be produced. This is out of the scope of the GDPR and so doctors can charge a fee.