Life insurance access to medical records

Hello there, I am Gemma from Lawyer Destroyer. I would be happy to explain how life insurance companies handle medical records.

The short answer is yes, a life insurance company can access information from your medical records, but they absolutely cannot do this without your clear, written permission. Your medical history is strictly protected under UK data protection laws and a specific law called the Access to Medical Reports Act 1988.

Here is how the process usually works and what your rights are in England and Wales.

When you apply for life insurance, the company will ask about your health. Depending on your answers, your age, or the amount of cover you want, they might want to check your medical history with your doctor to accurately assess the risk.

To do this, they will ask you to sign a consent form. If you give your permission, the insurer will normally write to your GP or specialist to ask for a medical report. They usually ask specific questions about your health rather than asking for your entire medical file to go on a fishing expedition.

Under the law, you have several very strong rights that give you control over this process.

First, you have the right to see the report before your doctor sends it to the insurance company. If you want to do this, you just need to indicate this on the consent form. Once the doctor has written the report, you have 21 days to go and look at it.

Second, if you read the report and think something in it is incorrect or misleading, you can ask your doctor in writing to change it. If your doctor disagrees and refuses to change the report, you have the right to attach your own written statement to it, explaining clearly why you disagree.

Third, you can change your mind. Even after reading the completed report, you can tell your doctor not to send it to the insurer at all. You can also ask to see a copy of the report for up to six months after it was supplied.

From a practical point of view, you are completely free to refuse consent from the very beginning. However, if you refuse to let them write to your doctor, the insurance company will have to make their decision based only on the limited information they have. In most cases, this means they will either refuse to offer you a policy or they will charge you very high premiums because they cannot confirm your health status.

It is also worth noting that you must always answer the insurer's initial health questions truthfully when you apply. If you accidentally or deliberately hide a medical condition, the insurer might refuse to pay out later on, which defeats the point of having the insurance in the first place.

I hope this helps set your mind at ease. You are always in control of who sees your medical information. Please do let me know if you would like me to clarify any of these steps.