NHS England Says Accessing Patient Data for Work Purposes Is Lawful

The guidance, shared by the BMJ, clarifies a question that has created uncertainty among NHS staff about when and whether they can lawfully look at patient records as part of their day-to-day duties. NHS England’s position is that accessing data for legitimate and appropriate work purposes does not breach the law.

The British Medical Association (BMA) — the trade union and professional body representing doctors across the UK — welcomed the updated guidance. The BMA has previously raised concerns on behalf of medical staff who were uncertain about their legal footing when accessing patient information for routine clinical or administrative work.

For patients in Kent, the guidance affects how staff at NHS trusts including Maidstone and Tunbridge Wells NHS Trust, East Kent Hospitals University NHS Foundation Trust, and services commissioned through NHS Kent and Medway Integrated Care Board handle records. It does not change what data is held — it clarifies when staff can lawfully view it.

The update does not alter patients’ existing rights over their own health records. Anyone with questions about how their data is used by NHS services can contact their GP practice directly or raise a query through NHS 111.

Key information

• For questions about your NHS health records, speak to your GP practice
• Call NHS 111 for general health queries or guidance on NHS services
• In an emergency, always call 999