Disclosing Patient Information

Policy

For requests to access patient information from the patient or their legal representative, see Patient Access to Records.

We comply with the information privacy principles of:

• the Privacy Act 2020
• the Health Information Privacy Code 2020
• any other relevant legislation when sharing information with third parties.

Staff do not disclose patient information without authorisation from the patient, unless there is a legal exception.

We only work with third-party services providers if we are satisfied that their privacy policy, settings, and controls are secure and managed appropriately, and that the information provided will only be used for the purpose it was collected. We clearly document all requests for information, as well as any information that is disclosed.

When we disclose patient information to a third party, we only include information that is relevant to the request.

We respond to requests to access information as soon as reasonably practicable, but within 20 working days of request.

Consult with the privacy officer if there are any questions or concerns around releasing patient information.

For more information, see Privacy Commissioner | Te Mana Mātāpono Matatapu: HIPC Factsheet 4 - Dealing with Access Requests and HIPC Factsheet 3 - Disclosure of Health Information.

Third-party records access requests

We comply with legislation around releasing personal information to third parties:

• Government agencies

  We may disclose health information to external agencies specified under Section 22C of the Health Act if they require the information to carry out their powers, duties, or functions under a relevant act.

  Refer to Ministry of Justice: Information Sharing Guidance and Oranga Tamariki: Information Sharing.

• Family of a deceased patient

  If the family of a deceased patient wants access to the patient's health records, consent must be obtained from either the executor or administrator of their estate.

  Refer to Medical Protection: Factsheet: Request for the release of a deceased patient's health information.

• Third parties outside of New Zealand

  We only disclose information to third-party organisations outside of New Zealand if they are subject to the Privacy Act, or to similar privacy laws as New Zealand, or it has been authorised by the patient.

  Refer to Privacy Commissioner: Principle 12 - Disclosure outside New Zealand.

Proactive disclosure of patient information

We proactively disclose information to certain external agencies when this is legally required. Health practitioners are protected as long as information is disclosed in good faith.

Sharing information about a child

The Family Violence Act, Oranga Tamariki Act, and Privacy Act support information sharing. We may share information with regulated services if sharing that information will help keep a child or young person safe and well.

We only share information:

• carefully, and with respect for the privacy and confidentiality of children and young people
• on a need-to-know basis.

Sharing information under the Oranga Tamariki Act

Sharing information under the Family Violence Act

Related policies

Child Protection

Mandatory and Discretionary Reporting

Patient Access to Records

Privacy

Resources

Ministry of Justice: Guide to sharing information Under the Family Violence Act 2018

Ministry of Health: Information Sharing Provisions for Health Professionals

Family violence, sexual abuse

Keywords: Domestic violence