Thank you for your email.  We are assessing your enquiry, and will contact
you within three working days.

 

Please do not reply to this email as it is not monitored – direct replies
to [1][Privacy Commissioner request email]

 

If you would like to visit our  [2]website in the meantime, please feel
free to do so. We also have a privacy knowledge base “[3]Ask Us” which may
assist you.

 

Kind regards,

Enquiries Team

 

Office of the Privacy Commissioner  Te Mana Matapono Matatapu
PO Box 10094, The Terrace, Wellington 6143

T   0800 803 909

E [4][Privacy Commissioner request email]

privacy.org.nz    

 

Privacy is about protecting personal information, yours and others’. To
find out how, and to stay informed, [5]subscribe to our newsletter
or follow us online. [6][IMG] [7][IMG]

 

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Thank you.

 

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References

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Dear Anthony Jordan

 

Thank you for your enquiry.  You have asked three questions in relation to
ACC.   We do not hold the specific information you are seeking.  However,
ACC would need to be mindful of the obligations under the  [1]Health
Information Privacy Code (the Code) when disclosing or using health
information about a claimant.  I am happy to make comments on matters that
may be relevant in relation to the Code, but please be aware [2]I am not
able to give legal advice.

 

Rule 11 of the Code gives a health agency the discretion to disclose
health information in certain limited circumstances.  So, where ACC has
disclosed a claimant’s health information to a third party, ACC would need
to look to one of the exceptions under rule 11 to do so.   However, it may
be that a health professional is acting as an agent for ACC.   If so, the
agent and ACC are effectively the same agency.  The contract between the
health professional and ACC would reflect whether the health professional
was a separate agency or acting as an agent of ACC.

 

Rule 10 of the Code provides that a health agency must only use the health
information for the purpose for which it was obtained, unless an exception
to rule 10 applies.

 

If claimant is concerned with how ACC is dealing with their health
information, I would encourage the claimant to contact the [3]Privacy
Officer at ACC to discuss their privacy concerns, in the hope the matter
can be clarified or resolved at that level.  If the claimant considers
that ACC has breached their privacy, they are not satisfied with the
outcome of their discussion with ACC, and they have suffered some kind of
harm as a result of the actions by ACC, the claimant has the right to make
a [4]make a complaint to us.

 

Furthermore, rule 6 of the Code gives individuals the right to make a
request to ACC for access to health information held about them.  For
information about this, please click [5]here.  If ACC withholds health
information from the claimant and the claimant considers that ACC does not
have a proper basis to withhold the information, the claimant has the
right to make a [6]make a complaint to us.  

 

I trust this information is useful to you. Should you wish to discuss any
aspect further, please contact us again or you may be able to find answers
[7]here.

 

Kind regards

 

Marilyn Andrew

Enquiries Officer

 

Office of the Privacy Commissioner  Te Mana Matapono Matatapu
PO Box 10094, The Terrace, Wellington 6143

Level 13, 51-53 Shortland Street, Auckland 1010

T    0800 803 909 

E    [8][Privacy Commissioner request email]

privacy.org.nz   

 

[9]cid:image001.jpg@01D1FA0B.DA995080

 

Privacy is about protecting personal information, yours and others.  To
find out how, and to stay informed, [10]subscribe to our newsletter
or follow us online  [11]Description: Description: Description: Small
facebook icon  [12]Description: twitter-bird-blue-on-white

 

Caution: If you have received this message in error please notify the
sender immediately and delete this message along with any attachments. 
Please treat the contents of this message as private and confidential.
Thank you.

 

 

 

 

 

 

 

-----Original Message-----
From: Anthony Jordan
[[13]mailto:[FOI #6756 email]]
Sent: Thursday, 26 October 2017 1:45 a.m.
To: Enquiries
Cc: Privacy No Reply
Subject: Official Information request - Accident Compensation Corporation
and Medical Panel Review anonymity

 

Dear Privacy Commissioner,

 

1/ Please provide information that allows the Accident Compensation
Corporation, the power to have a team of 'independent' medical
professionals peruse a claimants medical files

 

2/ Please provide information that would assist a claimant to have their
private information perused by ACC medical Panel without prejudice to
their ability to access Medical Panel opinion whereby ACC can be made
obligated to disclose Medical Panel reviewers

 

3/ Are the ACC obligated to disclose to a claimant who has been looking or
accessing their ACC medical/Claimant files upon a claimants request?

 

Yours faithfully,

 

Anthony Jordan

 

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This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[14][FOI #6756 email]

 

Is [15][Privacy Commissioner request email] the wrong address for Official Information
requests to Privacy Commissioner? If so, please contact us using this
form:

[16]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[17]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

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References

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6. https://privacy.org.nz/your-privacy/comp...
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9. https://privacy.org.nz/further-resources...
10. http://privacy.org.nz/subscribe/
11. http://www.facebook.com/PrivacyNZ
12. https://twitter.com/NZPrivacy
13. mailto:[FOI #6756 email]
14. mailto:[FOI #6756 email]
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17. https://fyi.org.nz/help/officers

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