OIA REQUEST
Received:
28 February 2022
Due:
28 March 2022
Response Date:
11 March 2022
Subject:
Disclosure of Third Party Medical Information
In response to your request under the Official Information Act, please find our response below:
Request
Patients are being advised by BOPDHB that they cannot access information in their medical
histories from third-party sources. This doesn't align well with the Code of Health and
Disability Services Consumers' Rights.
1.
Who are these third-party sources?
2.
How much has been paid to them?
Response
The Bay of Plenty District Health Board's Health Record - Access to Person Information
protocol 2.5.2 P3 (available on our website
Policies and protocols (control ed documents) |
Bay of Plenty District Health Board | Hauora a Toi | BOPDHB, is based on the Privacy Act
2020, Health Information Privacy Code 2020.
2.
Refusing to Give Information that:
2.1 Information can be withheld:
a)
When disclosure would involve the unwarranted disclosure of the affairs of another
individual or of a deceased individual;
b)
Where a child is under 16 years and disclosure would be contrary to their interests;
c)
Where disclosure would breach legal professional privilege;
d)
Where information is not readily retrievable;
e)
When disclosure of the information would be likely to prejudice the physical or
mental health of the individual (this must be backed by factual information in
consultation with the medical practitioner, Chief Medical Advisor and Privacy
Officer).
f)
When the requests is deemed frivolous or the information requested is deemed to
be trivial.
g)
When a partner abuse record is requested by anybody other than the client, or a
staff member who is working directly with the client.
2.2 The decision to withhold information wil be made by the Privacy Officer in consultation
with the clinician.
2.3 BOPDHB must tell the patient why the information is not being released and advise they
have a right of appeal to the Privacy Commissioner.
Unless BOPDHB seeks a formal clinical review of a patient's health record as a second opinion
from a Clinician outside of the BOPDHB and contracts with that Clinician requiring invoicing
and payment, BOPDHB does not pay for information that it collects/creates and does not
reimburse any person who seeks payment after the fact for providing information.
Bay of Plenty DHB supports the open disclosure of information to assist the public
understanding of how we are delivering publicly funded healthcare. This includes the
proactive publication of anonymised Of icial Information Act responses on our website. Please
note this response may be published on our website.
Official Information Act | Bay of Plenty
District Health Board | Hauora a Toi | BOPDHB
You have the right to request the Ombudsman investigate and review our response.
www.ombudsman.parliament.nz or 0800 802 602.
Yours sincerely
DEBBIE BROWN
Senior Advisor Governance and Quality