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GDPR Difficulties with Health & PDA - Help please
  • Erica
    Posts: 2
    Hi everyone, I have a 15 year old daughter diagnosed with ASD and PDA and GAD! My daughter is not in good health physically or mentally at the moment. I recently rang our GP to obtain results of a recent blood test for her consultant in another county. They have refused because of GDPR and said as she is over 13 she must consent herself either over the phone or in person (neither of which she can do due to overwhelming social & anxiety issues). How do I manage this this currently and going forward to support her? Any advice would be welcome :)
  • RhanHRhanH
    Posts: 1,138
    Welcome to the forum. I wasn’t aware of this to be honest I thought we had rights up to age 16 which this article seems
    to be imply is the case: http://www.lawandparents.co.uk/accessing-your-childs-medical-records-your-rights.html

    The other option to consider is looking at ‘lack of capacity’ :
    https://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/0-18-years/accessing-medical-records-by-children-young-people-parents

    https://www.nhs.uk/chq/Pages/speaking-to-gp-about-someone-elses-health.aspx

    Unfortunately I don’t have much knowledge about this but I hope the articles from a quick internet search will be of help and you will be able to find a way forward.
  • Erica
    Posts: 2
    Thank you for your reply, the links are helpful. Unfortunately the UK GDPR bill which can in on 25th May 2018 means that children can consent from age 13 and this supersedes previous guidance. There is now a conflict between parental responsibility up to age 16 and the GDPR law which says children can consent from 13.
  • HarHer
    Posts: 339
    Hello Erica,

    We had a similar issue with my eldest son (prior to the GDPR Act 2018). We managed it through what I considered to be a 'reasonable adjustment'. In this case, the official who needed to have verbal confirmation of my son's identity or consent verified that he could hear my son whispering his answers to me (I had the phone of loudspeaker).

    There really needs to be some standardisation in legislation. We have the age of consent for personal information set at 13, parental responsibility ending at 18, Gillick Competence applied for medical consent for children under 16, transfer to adult services (social care) at 18, transfer to adult services (health) at 16 and probably a whole set of other inconsistencies.


  • RhanHRhanH
    Posts: 1,138
    Thanks for sharing HarHer. The medical profession certainly need to streamline and make things consistent!

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