Rule 1

Purpose of collection of health information

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• Collected for a lawful purpose connected with the function and activity of Physiotherapy for that client

• Collection of that information is necessary for the performance of that function i.e. delivering physiotherapy to that person.
   

The purpose are for care and treatment, administration, training and education, and monitoring

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Rule 2

Source of health information

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When we collect information it must be collected directly from the client unless:
 

1. The client authorises the information to be collected from another person

2. Collection of the information would prejudice the interests of the individual, the purpose of collection or the safety of the individual

3. The information is publicly available

4. The information gathered will not be used in a  form whereby the individual is recognised , where for statistical purposes or research purposes  the publication will not be in a form that would identify the individual concerned.

5. Where non compliance is necessary e.g for the protection of the public revenue or for the maintenance of the law

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Rule 3

Collection of health information from individual

 

When we collect information from the individual or their representative we must ensure they are aware that

1. That the information is being collected

2. The purpose for which the information is being collected

3. The name and address of those that collecting the information  and where the information will be held

4. Whether the information is compulsory or mandatory

5. The consequences for that individual if all or part of the requested information is not provided

6. The rights of access to, and correction of, health information provided

7. The intended recipients of the information

 

They must be aware of these points before we take the information, or if that is not practicable as soon as possible after it is collected.

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Rule 4

Manner of collection of health information

 

Health information must not be collected by unlawful means, unfair means or intrude to an unreasonable extent on the personal affairs of the individual concerned

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Rule 5

Storage and security of health information

 

We must ensure that the information we hold is protected against

1. Loss

2. Access, use, modification, or disclosure

3. Other misuse

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If we give the information to any other person in connection with provision of our service(including storing , processing, or destruction of the information) we must do everything reasonably within our power to prevent unauthorised use or unauthorised disclosure of the information.

 

Where a document containing health information is not to be kept it must be disposed of in a manner that preserves the privacy of the individual.

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Rule 6

Access to personal health information

 

An individual is entitled to access to their health information. They are entitled to request the correction of that information.

That is subject to part 4 of the act which sets out reasons for withholding information and part 5 which sets out provisions relating to access to information.

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Rule 7

Correction of health information

 

An individual is entitled to request correction of information and to request that there be attached to the information a statement of the correction sought but not made. We must if so requested or at our own initiative take steps to correct information to ensure that it is accurate, up to date, complete and not misleading. Where a request for a correction is made we must notify the individual of any action taken.

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Rule 8

Accuracy etc of health information to be checked before use

 

Health information that we hold must not be used unless the information is accurate, up to date, complete, relevant, and not misleading.

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Rule 9

Retention of health information

 

Information will be kept for no longer than is required for the purposes for which the information may lawfully be used

 

Rule 10

Limits on use of health information

 

Health information must not be used for any other purpose than for what it was collected.

Unless the use for another purpose is authorised by the individual

1. The source of the information is a publicly available publication

2. The use of the information is necessary to prevent or lessen a serious and imminent threat to public health or public safety or the life or health of the individual concerned or another individual

3. In a form in which the individual is not identified

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Rule 11

Limits on disclosure of health information

 

We must not disclose information unless it is to the individual concerned or is authorised by the individual concerned

That the disclosure of the information is one of the purposes in connection with which it was first obtained If the information is a publicly available publication.

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That the disclosure of the information is required for the purpose of a professionally recognised accreditation of a health or disability service, or is required for a professionally recognised external quality assurance programme, or is required for risk management assessment where the identity of the individual is not disclosed by accreditation or quality assurance or risk management organisation to third parties except as required by law.

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Rule 12

Unique identifiers

 

Unique identifiers are not appropriate within the scope of our practice

 

Rule 13

Complaints of breach of code

 

Every health agency must designate a person to deal with complaints alleging a breach of this code and facilitate the fair, simple, speedy, and efficient resolution of complaints.

 

When a complaint of breach of this code is received

1. The complaint is acknowledged within 5 working days, unless it has been resolved satisfactorily before this time

2. The complainant is informed of any relevant internal and external complaints procedures

3. The complaint and actions of the health agency are documented within 10 working days of acknowledging the complaint

4. Decides whether it accepts or not if the complaint is justified

5. Decides if more time is necessary to investigate the complaint as soon as practicable the individual must be informed

6. The reason for the decision

7. Any actions the health agency proposes to take

8. Any appeal procedure the agency has in place

9. The right to complain to the Privacy Commissioner

 

Privacy Commissioner

PO Box 466

Auckland

 

Wellington Office

PO Box 10 094

Ph    474 7590

Fax  474 7595

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