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Under the law of defamation of character as defined under the

 
T.DePas's Avatar
  • Answered by:T.DePas
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Customer Question

Under the law of defamation of character as defined under the Data Protection Act 1998, what right do I have to access the medical records of the Defendant? They have alleged I suffer from schizophrenia which I do not, in turn I fear this man is seriously unwell (possibly Alzheimers), I have given his solicitor a full briefing of my medical history overy the e-mail and scanned copies of letters from my doctors saying I take no anti-psychotic medication, his solicitor is saying she does not accept such letters (which is ridiculous), I am prepared to hand over my medical record but I also wish to access his. Can I do this? Many thanks for an answer, Ffion

 



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Ihave sent you the just sent question several times, please respond : thanks : Ffion

Submitted: 319 days and 20 hours ago.
Category: European Law
Value: £19
Status: CLOSED
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Expert:  Abogado3044 replied 319 days and 20 hours ago.

HI:

According to the protection data law, you could against anyone who has personal data from you, to manage these rights

Access

Rectificacion

Cancelación

Oposicion

If you requested the exercise of any of those rights and they deny it to you, You can denounce the person who has the data to the national data protection agency and the person shall be punished according to the same law

Accepted Answer

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Expert:  T.DePas replied 318 days and 23 hours ago.

Dear Ffion.

 

Thanks for your inquire.

 

According to Data Protection Act,the data you are referring to are "Sensitive personal data".

 

This means that other people can not oblige you to give them any information, nor they can use them without your consent.

 

For this reason, I would suggest you to avoid sharing your personal information with your counterpart, unless he/she allows you to access his/hers.

 

I hope this answers your question. If it does, please do not forget to rate and accept my answer.

 

I remain at your complete disposal should you need any further information.

 

Best,

 

Tiziana

Expert TypeAttorney
Category: European Law
Pos. Feedback: 94.2 %
Accepts: 118
Answered: 5/25/2012

Experience: Solicitor - Ph.D. Doctor Europaeus in EU law

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