Transcript Health Privacy It’s My Business
13 July 2006
Health Privacy It’s My Business
Health Records Act
2001 (Vic)
eReferral Service Co-ordination System
Susan Joseph
Privacy is …
Exercising some control over who knows what about us.
Privacy of the body Privacy of the home Freedom from surveillance Freedom from eavesdropping
Information privacy
13 July 2006 Susan Joseph
Privacy protection is a balancing act:
Maximising the level of control that individuals have over their personal information while ensuring that the
right information
is available to the
right people
at the
right time
in the
right way
to enable necessary operations and services.
13 July 2006 Susan Joseph
Privacy for Victorians Privacy Act (Cth)
Covers … • Federal government agencies, e.g. Centrelink • Much of the private sector 13 July 2006
Health Records Act (Vic)
Covers … • All health related personal information held in public and private sectors Susan Joseph
Information Privacy Act (Vic)
Covers … • All personal info handled by State govt agencies and local govt (other than health info)
Key Elements
Health Privacy Principles (HPPs) - applicable to public and private sectors Right of access to personal health information in the private sector - Breen v Williams 13 July 2006 Susan Joseph
13 July 2006
Three important aspects of Privacy:
1. Confidentiality 2. Data protection 3. Consumer choice Susan Joseph
Objects of the Act (s.6)
To ensure responsible handling of health information To balance public interest in protecting privacy with public interest in legitimate use of information To enhance ability of individuals to be informed about their health care To promote provision of quality health services 13 July 2006 Susan Joseph
Who is covered by the Act?
Most organisations hold health information about individuals.
The Act covers: health service providers; any other person/organisation that collects/handles personal health information. (e.g. schools, employers, churches) 13 July 2006 Susan Joseph
What is health information?
For health service providers
identifying
personal information
to provide a health service; it is all collected
For non health service providers
it is all identifying personal information about the health or disability of an individual.
13 July 2006 Susan Joseph
Personal information means:
Information or opinion about an individual whose identity is apparent, or can be reasonably ascertained Does not have to be true Does not have to be recorded Includes that forming part of a database 13 July 2006 Susan Joseph
Minors
No change to current common law situation: A minor is capable of giving informed consent when they achieve sufficient understanding and intelligence to enable him or her to understand fully what is proposed No set age, must be assessed on a case Susan Joseph
Deceased individuals
The Act applies in relation to the health information of a deceased individual who has been dead for 30 years or less in the same way it applies to the health information of a living person.
13 July 2006 Susan Joseph
Impact of other legislation
The Health Records Act does not override other legislation.
Existing provisions in other statutes governing the confidentiality, use and disclosure of health information and those that regulate access to certain kinds of personal information continue to apply.
13 July 2006 Susan Joseph
Health Privacy Principles
5. Openness 6. Access & Correction 7. Identifiers 13 July 2006 8. Anonymity 9. Trans border Data Flows 10. Transfer / closure of practice of health service provider 11. Making information available to another health service provider Susan Joseph
HPP 1: Collection
Only collect health information necessary for the performance of your functions or activities Generally need consent to collect health information (either express or implied) Provide a ‘collection statement’ to notify those you collect from about what you do with the information and that they can gain access to it.
13 July 2006 Susan Joseph
HPP 2: Use & Disclosure
Only use or disclose health information for the primary purpose for which it was collected or a directly related secondary purpose the person would reasonably expect. Other use/disclosure allowed in certain circumstances – includes with consent.
13 July 2006 Susan Joseph
HPP 3: Data Quality
Take reasonable steps to ensure the health information you hold is: accurate, complete, and up-to-date relevant to the functions you perform 13 July 2006 Susan Joseph
HPP 4: Security & Retention
An organisation must take reasonable steps to protect the health information it holds from misuse, loss, unauthorised modification or disclosure.
Retention for public sector agencies is through the Public Records Act.
13 July 2006 Susan Joseph
Role of the Health Services Commissioner
Education, sector-based training and information Handling inquiries from consumers and providers about their rights and responsibilities Making statutory guidelines under the Act (s.22) Resolving complaints about interference with Susan Joseph
HSC Complaints Process
Many people make enquiries without lodging a formal complaint.
Approx 50% of telephone inquiries result in lodgement of a complaint.
Complaints must be received in writing.
A person must have standing to make a complaint.
Consent is obtained from complainants to send their complaint to the respondent.
13 July 2006 Susan Joseph
HSC Complaints Process (2)
Approx 90% of complaints are resolved informally.
Approx 10% of complaints go to conciliation.
If a complaint is not resolved through conciliation the complainant may request the complaint be referred to VCAT for hearing.
13 July 2006 Susan Joseph
Health Services Commissioner
Contact Details:
Level 30 570 Bourke Street Melbourne Tel: 03 8601 5222 Toll free: 1800 136 066 Website: www.health.vic.gov.au/hsc Email: [email protected]
Fax: (03) 8601 5219 TTY: 1300 550 275 DX: 210182 13 July 2006 Susan Joseph