What Happens To Your Medical Records When a Private Medical or Mental Health Clinic Goes Into Administration – How Can I Obtain a Copy?
When a private medical or mental health clinic in the UK enters administration, patients’ personal medical records remain protected by law. Understanding the process and how to access these records is essential for patients concerned about their data and ongoing care.
- Clinic administration explained: Going into administration means the clinic is insolvent and an appointed administrator manages operations, which may include restructuring, sale, or closure. Despite service interruptions, patient records must be handled according to strict legal standards.
- Legal protection of records: Medical records are classified as special category data under UK GDPR and the Data Protection Act 2018, requiring clinics to keep data secure and confidential, prohibiting destruction or mishandling, and ensuring patients retain the right to access their files. Administrators or successor organizations remain responsible for records even if the clinic closes.
- Responsibility and access to records: Administrators may transfer records to new providers, place them in secure storage, or coordinate access through data controllers. Patients can obtain records by submitting a Subject Access Request (SAR) to the administrator or new contact, checking public notices, or contacting their GP for copies if referred.
- Retention and further support: Medical records must be kept for minimum periods (e.g., adults for at least 8 years, mental health records for young patients until age 25 or longer). If difficulties arise in accessing records, patients can seek help from the Information Commissioner’s Office, advocacy services, or legal professionals.
