1. 13 July 2006Susan Joseph Health Privacy It’s My Business Health Records Act 2001 (Vic) eReferral Service Co-ordination System

3. 13 July 2006 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

4. 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.

5. 13 July 2006 Susan Joseph Privacy for Victorians Privacy Act (Cth) Health Records Act (Vic) Information Privacy Act (Vic) Covers … Federal government agencies, e.g. Centrelink Much of the private sector Covers … All health related personal information held in public and private sectors Covers … All personal info handled by State govt agencies and local govt (other than health info)

6. 13 July 2006 Susan Joseph 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

7. 13 July 2006 Susan Joseph Three important aspects of Privacy: 1.Confidentiality 2.Data protection 3.Consumer choice

8. 13 July 2006 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

9. 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)

11. 13 July 2006 Susan Joseph What is health information?  For health service providers it is all identifying personal information collected to provide a health service;  For non health service providers it is all identifying personal information about the health or disability of an individual.

12. 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. 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 by case basis

14. 13 July 2006 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.

15. 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.

16. 13 July 2006 Susan Joseph Health Privacy Principles  Collection Collection  Use & Disclosure Use & Disclosure  Data Quality Data Quality  Data Security & Retention Data Security & Retention 5.OpennessOpenness  Access & Correction Access & Correction  Identifiers Identifiers  Anonymity Anonymity  Trans border Data Flows Trans border Data Flows  Transfer / closure of practice of health service provider  Making information available to another health service provider

17. 13 July 2006 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.

18. 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.

19. 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

20. 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.

21. 13 July 2006 Susan Joseph HPP 5: Openness  Organisations must have a document with clearly expressed policies on: how they manage the health information they hold; and the steps an individual may take to obtain access to health information about them held by the organisation

22. 13 July 2006 Susan Joseph HPP 6: Access & Correction  Individuals have a right to seek access to heath information about them held in the private sector.  They also have a right to correct it if it is inaccurate, incomplete, misleading or not up- to-date.  The FOI Act continues to give individuals a right of access to health information about themselves held by public sector organisations.

23. 13 July 2006 Susan Joseph HPP 7: Identifiers  Only assign a number to identify a person if it is reasonably necessary to carry out your functions efficiently.  The use of public sector identifiers by the private sector is limited, e.g. an organisation should not file records using the Medicare number.

24. 13 July 2006 Susan Joseph HPP 8: Anonymity  Give individuals the option of entering transactions with you anonymously, wherever this is lawful and practicable.

25. 13 July 2006 Susan Joseph HPP 9:Transborder Data Flows  Only transfer health information outside Victoria with consent or if the organisation receiving it is subject to laws which are substantially similar to the HPPs.  Other exceptions may also apply.

26. 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 privacy  Monitoring compliance

27. 13 July 2006 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.

28. 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.

30. 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/hscwww.health.vic.gov.au/hsc Email: hra@dhs.vic.gov.au Fax: (03) 8601 5219 TTY: 1300 550 275 DX: 210182