Retrospective Chart Reviews

As regards Retrospective Chart Reviews carried out for research purposes, and having consulted with the Data Protection Commission, it has been determined that the requirement for explicit consent will commence on 1 May 2019. This is to allow hospitals and other data controllers who carry out such reviews to adapt their procedures to capture the relevant explicit consent from patients. All other suitable and specified safeguards set out in the Health Research Regulations will continue to apply in the interim period as will other requirements arising under the General Data Protection Regulation. Where a hospital or other data controller does not use this time to put a mechanism in place to capture explicit consent for retrospective chart reviews for research purposes then applications to the Consent Declaration Committee for a consent declaration for such reviews will be unlikely to succeed.