Privacy

Contact: Susie Lidstone, GP & Practice Support Program Manager

t: 08 9208 9510  f: 08 9201 0033 e:susiel@ogpn.com.au

The Privacy Act
Most people consider their health information to be personal, and want their privacy respected. The Privacy Amendment (Private Sector) Act 2000 offers privacy protection and choice to patients. The following information has been adapted from the Office of the Federal Privacy Commissioner website.

The Act includes 10 National Privacy Principles (NPPs), which set the minimum standards for privacy in the private health sector. The NPPs cover the whole information “lifecycle” – including collection, storage and maintenance, and use and disclosure of health information. A summary of the NPP requirements is as follows:

NPP1: Collection & NPP10: Sensitive Information – Covers providers’ obligations when collecting health information from patients. Including, collecting health information only with consent (which may be implied* (see below) or expressed), and collecting only the information necessary to provide the service.

NB: For NPP 10.1 a Public Interest Determination is in effect for the next 5 years, meaning that a health service provider may collect health information from a patient about a third party without the consent of the third party when both of the following circumstances are met:

  • The collection of the third party’s information into a patient’s social, family or medical history is necessary for the health provider to provide a health service directly to the consumer; and

  • The 3rd party’s information is relevant to the family, social or medical history of that patient.

NPP2: Use and Disclosure – Specifies how health information, once collected, can be used within the organisation or disclosed to third parties outside the organisation.

NPP3: Data Quality & NPP4: Data Security – Specifies that information must be kept up-to-date, accurate and complete, and protected from loss, misuse and unauthorised access.

NPP5: Openness – This principle requires providers to be open about how they handle health information, for example, use of a privacy policy which clearly outlines how a practice handles health information.

NPP6: Access & Correction – Gives patients a general right of access to their own health records, and a right to have information corrected, if it is inaccurate, incomplete or out of date.

NPP7: Identifiers – Limits the use of Commonwealth government identifiers (such as the Medicare number) by providers to the purposes for which they were issued.

NPP8: Anonymity – This principle describes that where lawful and practicable, patients must have the option of using health services without identifying themselves.

NPP9: Trans-border data flows – This principle sets out obligations for providers regarding the transfer of health information out of Australia.

* Implied Consent: Generally, providers may only collect health information about a patient if they consent. Where a provider collects the information directly from the patient during a consultation, usually it will be reasonable to consider that consent is implied - as long as it is clear to the patient what information is being recorded and why.

National Health Privacy Code

With the uptake of new technologies, it is important that an effective, health specific, privacy framework is in place. The National Health Privacy Working Group (a sub group of the Australian Health Minister’s Advisory Council) was established to develop a framework – the National Health Privacy Code, which aims to:

For a copy of the Code visit http://www.health.gov.au/pubs/nhpcode.htm 

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Some Privacy Tips:

  • Sharing information with other providers - The multi-disciplinary team approach to health care is common to the Australian health system. When collecting information, it may be advisable to discuss with the patient how this approach to treatment will affect the handling of their health information.

  • Complaints - Complaints about alleged breaches of privacy can be made to the Federal Privacy Commissioner. The Commissioner can investigate, conciliate and, if necessary, make determinations about complaints.

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    Privacy Resources

    The four page document is aimed at consumers and contains information about the 10 National Privacy Principles; who is covered by the principles, and what the basic requirements are in relation to consent, collection, use & disclosure and access & correction. Information on where to go for assistance if they feel their privacy has been breached is also included.

    This Handbook is available for purchase from the RACGP, for download via the website.

    The Handbook looks at “best practice” approaches to the management of health information and will be reviewed in accordance with legislative requirements as necessary. An appendix lists the minimum procedures that practices should establish. Additional procedures are also included. Sections include:

    1. Quality and content of medical records

    2. Patient consent

    3. Advising patients when collecting personal health information

    4. Patient access to medical records

    5. Using and disclosing personal health information

    6. Medical research

    7. Quality assurance and continuing professional development

    8. Data security and retention

    9. Health provider identified health information

    10. Establishing a practice policy on personal health information

    11. Further contacts.

    The Handbook was developed by the Royal Australian College of General Practitioners in collaboration with the Committee of Presidents of Medical Colleges and the General Practice Computing Group. A number of organisations including the Australian Medical Association (AMA) and the Australian Divisions of General Practice (ADGP) commented on drafts of the Handbook.

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    Need more information…?

    Susie Lidstone can assist in sourcing further information and resources that can be used in your practice. For more information on privacy, go to the Office of the Federal Privacy Commissioner’s website, contact the Privacy Hotline on 1300 363 992 or email them.