About

Privacy can mean different things to different people and cultures, and is a particular minefield for those in the health care sector.

Privacy in New Zealand is legislated under the Privacy Act 1993 and tort law. Confidentiality & Privacy for Healthcare Providers will provide you with the information and tools you need to ensure that you maintain the balance between patient welfare, family requirements and privacy law, giving you more time to focus one what’s really important - your patients!

A must attend for anyone involved with healthcare, particularly those with an interest in medical, mental heath or privacy law.

Key Learning Outcomes

•    Understand your patients’ rights to privacy
•    Gain a working knowledge of the Privacy Act 1993 & Health Information Privacy Code
•    Gain practical tools compliance with legislation
•    Balance legal rights to privacy vs clinical demands
•    Understand interface with the OIA
•    Confidentiality and Liability
•    Ensure Security of Information

Course Outline

What is Privacy?
•    Key concepts and definitions
•    The complaints process
•    Sound work practices

Principles of Privacy
•    Collection
•    Source
•    Openness
•    Lawful and Fair Collection
•    Storage and Security
•    Access
•    Correction
•    Accuracy & Relevance
•    Retention
•    Use
•    Disclosure
•    Unique Identifiers

Patients Rights
•    Privacy and Mentally Ill Patients

The Law
•    Privacy Act 1993
-    What is the Privacy Act
-    What is a Privacy Act Request
-    Who can make a Privacy Act Request
•    Health Information Privacy Code 1994
•    Practical compliance with legislation
•    Legal rights to privacy vs clinical demands

Privacy and “whistle blowing”
•    CYFS Act
•    Protected Disclosures Act
•    Disclosure to Police and Social Workers, section 22C Health Act 1956

Interface with the OIA
•    Public sector obligations
•    Section 9(2)(a) refusing requests on privacy grounds
•    Public Records Act data retention

Confidentiality and Liability
•    Legal Confidentiality, Evidence Act
•    Ethical Confidentiality
•    Interface between HDC and Privacy

Security of Information
•    Processes and Procedures
•    RCGPNZ security framework
•    HISO security framework

Disclosing to Health Insurance Companies
•    When can I disclose?
•    How much can I disclose?

Current Developments in Health IT
•    National Health IT Plan
•    Privacy issues around regional and national collections of health information




Facilitator

John Edwards, Barrister

John Edwards is a barrister practising in public law, with a specialty in information law.  He has previously worked for the Office of the Ombudsmen, the Office of the Privacy Commissioner, the Department of Prime Minister and Cabinet,  the State Services Commission  and Inland Revenue.  His clients have included the Crown Law Office, the Ministry of Justice, the Law Commission and many other government departments, crown entities and SOEs. 

He has been a special adviser to a parliamentary select committee inquiry, and was a member of the Whistleblowers Review Team, whose recommendations formed the basis of the Protected Disclosures Act.  He is often called upon to conduct investigations and inquiries, and has spoken and published extensively on information law matters in New Zealand and internationally.  He has advised a number of hospitals and health professionals, and has worked as a Senior Solicitor for the Ministry of Health.  John also holds warrants as a district inspector for mental health under the Mental Health Act, and for intellectual disability under the Intellectual Disability Compulsory Care and Rehabilitation Act.



In-house Training