Tenants and renters in Wales often worry about how mental health records are kept and who can see them. This guide explains straightforwardly how health records are protected under UK data protection laws[1], when information may be shared with landlords or third parties, and what tenants can do to request, correct, or resist disclosure. It covers practical steps—how to make a Subject Access Request, when to ask for reasonable adjustments in housing, and how to raise privacy concerns with your GP, NHS body or the First-tier Tribunal (Property Chamber). The language is plain and focused on actions you can take to protect your privacy while maintaining a safe housing situation.
How confidentiality works in Wales
Mental health records are treated as special category personal data under UK law. Health professionals must have a lawful basis to process or share these records, and extra protections apply because the information is sensitive. For tenants, this means that a landlord does not have an automatic right to see full clinical notes or therapy records; any disclosure should be limited to what is necessary and lawful. If you need to challenge sharing of information, you can start by asking the controller (for example, your GP practice or NHS body) for an explanation of the legal basis for disclosure.
When records may be shared
- When you sign a written consent form authorising disclosure to a landlord, support worker or housing officer.
- To prevent serious harm or where there is an immediate risk to life, clinical teams may share information with emergency services or social services.
- When a court, tribunal or statutory authority orders disclosure as part of legal proceedings.
- When limited clinical summaries are shared as evidence to arrange support or reasonable adjustments for tenancy management.
What landlords can and cannot ask for
- Landlords can reasonably ask for confirmation of a need for adjustments (for example, a letter confirming a disability) but should not demand full clinical records.
- Requests tied to eligibility for adapted housing or supported housing may involve evidence of need, but requests must be proportionate and relevant.
- If a landlord requests medical information, consider asking them to explain why and what they will do to protect your privacy before you provide anything.
Practical steps for tenants
- Make a Subject Access Request (SAR) to your GP or NHS body to see what information is held about you and who it has been shared with; guidance on making an SAR is available from GOV.UK[2].
- Keep copies of all correspondence, appointment records and any letters or emails that mention sharing of your information as evidence in case of dispute.
- Contact your GP practice or the relevant NHS body to ask for a limited letter that confirms need for reasonable adjustments without disclosing sensitive clinical details.
- If you cannot resolve a dispute about disclosure, you may apply to the First-tier Tribunal (Property Chamber) or ask the NHS body for an internal review; see the tribunal guidance for Wales[3].
FAQ
- Can my landlord see my full mental health records?
- No. Landlords do not have an automatic right to full clinical records; they should only receive the minimum information necessary and lawful for a specific purpose.
- How do I request my health records?
- Submit a Subject Access Request to your GP or NHS body. You can ask for copies of notes, who has accessed your records, and any disclosures.
- What if a record was shared without my permission?
- Ask the health provider for an explanation and internal review. If unsatisfied, you can complain to the Information Commissioner's Office or seek a tribunal remedy where appropriate.
How-To
- Identify the exact information you need and the organisation holding it (GP practice, NHS trust or private therapist).
- Make a Subject Access Request in writing to the health provider, stating clearly what records you want and providing proof of identity; use the GOV.UK guidance page for practical steps[2].
- If you need limited disclosure for housing adjustments, ask the provider to prepare a short functional letter for your landlord rather than sharing full records.
- If you cannot agree a fair outcome, apply to the First-tier Tribunal (Property Chamber) or request an internal review from the NHS body; follow the tribunal guidance for making an application[3].
Key Takeaways
- Your mental health records have strong legal protections and should not be shared without a lawful reason.
- Use a Subject Access Request to see what is held about you and who has seen it.
- Ask for limited letters for housing needs instead of full clinical files to preserve privacy.
Help and Support / Resources
- Welsh Government - Housing and private renting
- NHS Wales - Patient and health records information
- First-tier Tribunal (Property Chamber) guidance
