What access insurance companies are given to patients’ medical records, including those held on national databases, and at whose discretion.

Patients’ medical informationis protected by the common law duty of confidentiality and the Data Protection Act1998. Insurance companies have no right of access to patients medical records heldon national or local databases and no power of discretion exists to permit access.
The Access to Medical ReportsAct (1988) addresses the particular issue of requests from insurance companies (andemployers) for medical reports from medical practitioners. The act states that anapplicant, for example an insurance company, must not apply to a medical practitionerfor a medical report relating to an individual, until he has notified the individualthat he proposes to make the application and that the individual has notified theapplicant that he consents to the making of the application. The doctor must becontent that the individual has genuinely consented to the release of that information.This applies to local and national databases and discretionary powers do not apply.