In the UK, results of a blood (or other) test taken at a hospital (in secondary care) are stored in the hospital's records but are not automatically forwarded into primary care records (GP records) unless this is explicitly done so by staff at the hospital.
Article 20.2 of the GDPR states: "The data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible."
It is clearly technically feasible, since it is occasionally done.
Can I make a request under article 20.2 to ask my hospital to forward any test results I want to my primary care record (my GP)?
When I say "have the result forwarded", more specifically I mean copied so that the result ends up in both systems.
- I can view the results of all tests taken at my GP in an online portal (SystmOne portal).
- However, results of tests taken at my local hospital only appear in this portal sometimes, if the result has explicitly been forwarded by the hospital to my GP.
- I would like to ask the hospital to forward All results, so that I can easily view them in the online portal.
- I'm aware I can make a subject access request to the hospital for the results, but this takes several weeks and isn't as convenient.
- Additionally, this isn't just a "convenience of viewing my results" concern, it's also a concern that if my GP is unaware of some results that are held only by the hospital, and haven't been forwarded because they have been overlooked, surely that could cause problems in some cases.
The advice from the Information Comissioner's office states :
What responsibilities do we have when we receive personal data because of a data portability request?
When you receive personal data that has been transmitted as part of a data portability request, you need to process this data in line with data protection requirements. In deciding whether to accept and retain personal data, you should consider whether the data is relevant and not excessive in relation to the purposes for which you will process it.
One could argue that the results of any test are relevant to an individual's healthcare and therefore, upon receiving the results, the GP would have a responsibility to retain them.