Johnston Lawrence

Privacy - Health Information

28 April 2008. by Lisa Mckeown , tagged with Medical and Personal Injury Claims | Resolving Your Disputes

We often hear people grumbling that they have been refused information “because of the Privacy Act”.  In fact – when the Act is applied correctly – it is a useful tool which gives you a right to access information held about you by public and private sector agencies.

Your right to access health information

We are often asked to assist people to get access to records about their medical history, disabilities, illnesses and treatment held about them by agencies such as GPs, hospitals, and other health professionals.  There are many reasons why you may want access to your health records – for example, to ensure information has been recorded correctly, take records to another doctor, or make a complaint.

The Health Information Privacy Code contains rules for handling health information.  The Code allows you to find out whether an agency holds health information about you.  If so, you are entitled to access to the information (if it can be readily retrieved).  You can also request correction of it.

Refusal of access

An agency may have grounds to refuse access to health information.  These include cases where disclosure of the information:

• would involve the unwarranted disclosure of the affairs of some other person;
• may endanger the safety of any individual;
• may be detrimental to a person’s physical or mental health (based on discussions with the person’s doctor);
• may not be in the interests of a person under the age of 16;
• or where the request is frivolous or vexatious, or the information requested is trivial.

Procedural requirements

Most health agencies have a privacy officer, who should be the first person you approach to access your records.

The agency must respond to a request for access to health information within 20 working days.  It can make the information available by providing you with copies of records or allowing you to inspect them.  As a general rule, the agency must make the information available in the form you request it.  However, if you ask for large quantities of records, and copying would impair the efficient administration of the agency, it may suggest that you inspect the records onsite.

If an agency decides to delete or withhold information, it must tell you that and provide reasons.

Access to personal information from public sector agencies (such as public hospitals) is usually free.  They can only charge for access to information if they obtain the Privacy Commissioner’s consent.  Private sector agencies can – in limited circumstances – make a reasonable charge for giving you access to your health information.

If you disagree with a decision to delete or withhold information, or you believe a charge is unreasonable, you can complain to the Privacy Commissioner.

Conclusion

More information is available on the Privacy Commissioner’s website or by contacting lawyers Lisa McKeown or Jane Austin at Johnston Lawrence.

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