Vet treatment history and GDPR

[Cornish]

I'd be interested in people's thoughts on GDPR and clinical vet treatment history for my horse. I've requested this from my vets (due to an imminent insurance claim) and basically been told no due to data protection rules? They have said the data details would need to be redacted to protect the data subject (which is either me or the horse, depending on your point of view) but in any case I know who I am anyhow, so it won't be making me more identifiable to myself....?!

Surely a clinical history is neither personal data nor sensitive data, and as I am the client, who are they protecting? I know I have the right to make a Subject Access Request (which I have done) but I don't want to delay the claim... and tbh feel a bit miffed to be refused access to my own data?

I know the GDPR regulations are involved and complicated, but am I wrong about this or is it someone at the vets getting a bit confused??? I don't want to push the issue if I'm wrong, or get anyone into trouble?

 

[AandK]

Sounds like someone at the vets is getting confused. I had no issue getting my horse's clinical history from my vets to send on to the insurance company for the claim.

 

[SEL]

So it's vet history under your ownership? In which case they are talking rubbish!

 

[Sprat]

Yes I think I'd agree that someone at the vet's is getting confused. Call back and push the request again

 

[tatty_v]

The horse cannot be a data subject for the purposes of GDPR so it would have to be you, and you are allowed to make a subject access request so I am struggling to see how the can deny you access to your horse’s clinical history!

 

[Annagain]

You have more right to the data than they do as it's YOUR data - they only hold it for the purposes of their contract with you surely providing details to, or information for, an insurance company at your request is part of that contract. As you say, you could put in a subject access request but it seems very odd that they would make you go down the official route. The only thing I can see that might need redacting is the name of the vet who treated you and you wouldn't need that anyway.

 

[Cornish]

So it's vet history under your ownership? In which case they are talking rubbish!

Yes - exactly this. They have been my vets for the duration of ownership. A case of confusion I think....

 

[Cornish]

Thanks all, I pretty much knew I was right but didn't want to make a big fuss if I had made a mistake. The vets are usually great and they did offer to send a redacted copy directly to the insurer (ironically!), but I want to ensure all paperwork is together and submitted promptly - and to check it for myself to make sure it's correct! I have gone back to them.....

 

[dorsetladette]

Can you ring and speak to a different person. It sounds like maybe a newbie on reception is getting a bit confused to me.

 

[Bernster]

Hee, will your horse consent to you having his personal data? ?. Carrots may assist!

Could anyone else’s data be in there? That might be the only other thing but otherwise it does sound like they are a bit confused bless them. But good to know they take it seriously I suppose and will be equally strict about sharing your data with others.

 

[criso]

Some guidance here from the RCVS to check for when you call back https://www.rcvs.org.uk/setting-sta...porting-guidance/clinical-and-client-records/

 

[Cornish]

They have now provided it with the vet details blanked, all fine.

 

[Cornish]

It's such a mine field and I'm sure it's much better to be over cautious than not cautious enough ?

 

[Keith_Beef]

I'd be interested in people's thoughts on GDPR and clinical vet treatment history for my horse. I've requested this from my vets (due to an imminent insurance claim) and basically been told no due to data protection rules?

Oops, I didn't see that it had been sorted. I had written:

I suggest that you read up a little bit on the "data portability" rights set forth in the GDPR, and write a letter stating that you wish to exercise those rights, and that if the vet fails to provide the required (this is not a letter requesting, but requiring that the vet releases the data) then you shall take the matter up with the ICO.

 

[Cornish]

Oops, I didn't see that it had been sorted. I had written:

Yes all sorted thanks, just a bit of a misinterpretation of the situation I think, I'm sure it wasn't meant to be obstructive. I imagine the receptionist's job is probably pretty difficult at times dealing with emotional owners so I didn't want to add to the stress by being insistent but also wrong!!

 

[cbmcts]

I'd say that as a professional the vets details should not be redacted. Their professional opinion is what you pay for and they should be prepared to stand by it!

 

[Cornish]

I'd say that as a professional the vets details should not be redacted. Their professional opinion is what you pay for and they should be prepared to stand by it!

I hope the insurers are happy with it - they'll have to speak to them directly if not. It seems a little ironic as the vet's name is written on the claim form....

 

[Melody Grey]

Side musing: in this day and age of GDPR, how would an insurance company go about verifying previous veterinary history from a previous owner?

I had a hefty claim with an OTTB about 4 years ago and the insurance contacted all vets listed in the passport (jabs and raceday vettings) to verify that the problem wasn't Pre-existing or had been claimed for before....surely that can't be done now as the previous owner hadn't consented?

ETA: Not planning an insurance heist obviously, just wondering!

 

[SEL]

I'd say that as a professional the vets details should not be redacted. Their professional opinion is what you pay for and they should be prepared to stand by it!

Yes - I thought so too! Its unlikely to hold any personal details either.

Side musing: in this day and age of GDPR, how would an insurance company go about verifying previous veterinary history from a previous owner?

Under GDPR the old vets shouldn't really be holding records about ex-clients - so no idea what insurance companies will do in that situation!

ETA - actually I've just checked and it looks like there is some vet guidance about holding animal records for a certain period of time. https://www.rcvs.org.uk/document-library/gdpr-rcvs-information-and-qandas/

 

[Elbie]

Side musing: in this day and age of GDPR, how would an insurance company go about verifying previous veterinary history from a previous owner?

I had a hefty claim with an OTTB about 4 years ago and the insurance contacted all vets listed in the passport (jabs and raceday vettings) to verify that the problem wasn't Pre-existing or had been claimed for before....surely that can't be done now as the previous owner hadn't consented?

ETA: Not planning an insurance heist obviously, just wondering!

I don't think the company should have done that to be honest!

Saying this as someone who works in insurance, it's one thing if you had been a client of several practices over the years but in my opinion they shouldn't have asked as the previous owners aren't their client, and the vets shouldn't have obliged. You can ask the Insured to ask the previous owners to share the history but the previous owners are not under any obligation to do so as they are not a client of the insurance company.

 

[EmmaC78]

"I suggest that you read up a little bit on the "data portability" rights set forth in the GDPR, and write a letter stating that you wish to exercise those rights, and that if the vet fails to provide the required (this is not a letter requesting, but requiring that the vet releases the data) then you shall take the matter up with the ICO."

Just to clarify the above suggestion would be unlikely to work. Data portability only works for electronic records that the data subject has themselves provided, e.g, where you might have inputted something yourself onto an online system of your employer. It is unlikely to help with vets records as the vets would have created the records themselves.

Glad you got it sorted though OP.