Detained Patient Records Access — MRCPsych Paper B MCQ

Correct answer: A — Detention does not remove her right to make a subject access request, although the usual lawful exemptions apply, including where disclosure would be likely to cause serious harm

Detention under the Mental Health Act does not itself remove a patient’s data-protection rights. She may make a subject access request for personal data held in her health record. The right is not absolute: information may be withheld or redacted under applicable exemptions, including where disclosure would be likely to cause serious harm to her physical or mental health or that of another person, and where identifiable third-party information should not be disclosed. Any non-exempt information should still be provided. Access is not dependent on discharge, permission from the responsible clinician, or representation by a solicitor. The responsible clinician or another appropriate healthcare professional may contribute to a serious-harm review, but this is not equivalent to having a general power to authorise or refuse the request.

Reference: NHS England Digital, Subject access requests (SAR), guidance for health and care professionals, updated 20 May 2026. https://digital.nhs.uk/data-and-information/information-governance/guidance/subject-access-requests