Do patients have the right to foot moulds / models from chiropodists? [closed]

Question

If a chiropodist produces a 3D model or mould from a patient's foot in order to produce orthotic insoles, is the chiropodist required to retain the model or mould for a particular period of time? Does the patient have the right to require the chirpodist to hand over the model or mould?

Answer 1

united-kingdom

I don't know of any real cases pertaining to "digital 3D models" of patient's body parts. However, with limited exceptions, which don't seem to apply here, under GDPR an adult individual has a "right of access" to "personal data" about them. The individual may make a Subject Access Request for their personal data and the data controller must normally give them the personal data.

This includes patient records and it applies to private healthcare as well as the NHS.

The data controller must not bluntly refuse such a request, they must justify their decision to refuse it.

There are limited circumstances when a fee can be charged - when the request is "manifestly unfounded or excessive". The question's hypothetical scenario does not suggest this applies.

NHS Transformation Directorate - Subject Access Requests:

The UK General Data Protection Regulation (UK GDPR), which was implemented in the UK through the Data Protection Act 2018, gives individuals the right of access to their personal data from any health and care organisation that holds records on them.

This right is commonly referred to as ‘subject access’. This guidance is intended to help you understand what a Subject Access Request (SAR) is. There are also common questions relating to SARs.

is the chiropodist required to retain the model or mould for a particular period of time?

This seems like a question of contract. GDPR obliges the data controller to only store personal data so long as necessary (which could be in order to fulfill a statutory or contractual obligation).

Answer 2

No and no

Second question first, the model or mould is the chiropodist’s work product and belongs to them in the same way that their other medical notes about the patient do. There is no legal obligation to give the originals to the patient or any other practitioner unless there is a contract between patient and practitioner to that effect. There is a long history of case law that supports this. However, the patient is entitled to access the notes under the GDPR, but that may not amount to full access as there are a number of exceptions.

As for how long they will keep them, there is no specific law mandating any particular term. The GDPR require that such records be kept only so long as they are necessary.