Privacy Area Managers 21 November 2013
The Rules in Australia The Australian Privacy Principles (The Privacy Act) Applies to all organisations
The Rules at State level NSW Health Privacy Principles (Health Records and Information Privacy Act) Health service providers in NSW ACT Privacy Principles (Health Records (Privacy and Access Act) Health service providers in ACT
The 13 Basic APP Principles – Personal information Transparency Anonymity Rules for collection Rules where we obtain info by other mean Notification of collection Use and Disclosure Direct marketing Disclosure overseas Use of government related identifiers Quality of info Security of info Access Correction
What is Health Information? Information about an individual who could be identified about: their physical or mental health, their wishes about a health services, or a health service provided, or to be provided; or other information collected to provide, or in providing, a health service
Examples BRADMA labels Life Management Agreement Progress Notes Care staffs observations about residents well being
Collection Only collect information needed to do your job Obtain consent
Use Only use for the purpose collected To provide health related services
Examples of Use To manage a residents health: progress notes urinalysis OBS Assessment tools Care plans
Use for other Purposes Use for other purposes only: With consent Necessary to prevent serious, imminent threat to life/safety
Examples of other purposes With consent request from: Family for information Third party health provider? Without consent – Emergency to preserve life
Use and Disclosure Only use the information to do our job - not for any other purpose Do not disclose the information to anybody except the resident – (unless they consent)
What is Consent? Understanding the nature of what is proposed
What is required? Depends upon what is proposed: Chicken sandwiches for lunch vs tooth extraction Choice not take medication v choice not to shower
Case Example A mobile dental clinic wants to assess a resident Can they read the file? Who should get consent to release the file?
What are we doing? Privacy Working Group Operations Reps Craig Smith, Nia Briguglio, Kristine Jagger, Raelene Lewis Internal review of policies and procedures to identify areas for improvement Compulsory training commencing 2014 On-going annual training