The Data Protection Act 1998 permits patients on making an adequate written request to be supplied with a copy of any information held on a computer and to be supplied with copies of any paper records.

The Data Protection Act covers all health records and the term "health record" is thought to include x-rays.

The cost of obtaining such information is £10 for records held in electronic format and up to £50 for records in a manual format. There is no provision for additional photocopying and postal charges.

After October 2001 the Department of Health will review the charges levied. Already many NHS Managers have voiced concerns about the level of charging since the commercial cost of producing copy notes and records not held on computer is in the region of 10p - 25p per item, and the commercial cost of making a copy of an x-ray film is in the region of £10 per item.

However, for the moment the cost is fixed by the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000.

When a clinical negligence claim is investigated it is important that all clinical notes and records are obtained from all sources. Even though the maximum fee any one hospital can charge is £50, if a patient has received treatment at a number of hospitals the cost can mount up.

Most hospitals have prescribed application forms to complete when an application for access to health records is made, but when an application is made by a solicitor, the request is made in accordance with the pre-action protocol governing clinical disputes.