The Matrix Health Funds, Clinical Providers and Patients - Balancing competing priorities of health versus individual privacy 30 August 2007
Overview Privacy Legislation Commonwealth New South Wales Health Specific Issues for insurers
Privacy Legislation Commonwealth Privacy Act 1988 New South Wales Privacy and Personal Information Protection Act 1988 Health Records and Information Privacy Act 2002 NB: Similar legislation also exists in other States.
Privacy Act 1988 (Cth) Applies to: “organisations” with annual turnover exceeding $3 million health service providers Governs how organisations must collect, use, keep, secure and disclose personal information Requires organisations to allow individuals to access and amend personal information Also deals with how sensitive information is to be handled
National Privacy Principles Collection Use and disclosure Data Quality Data Security Openness Access and Correction Identifiers Anonymity Transborder data flows Sensitive information
Health Records and Privacy Information Act Applies to: health service providers organisations which handle health information Health privacy principles Collection Storage Access and Accuracy Use Disclosure Identifiers and Anonymity Transferrals and linkage
Issues for Insurers Members Providers waiver of statutory rights contractual issues Providers statutory obligations
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