❓ The WA parliamentary question concerns the Information Privacy Bill 2007 and its implications for police access to health information regarding sexually transmitted infections in children, specifically to aid in prosecuting perpetrators. The response clarifies the circumstances under which the Health Department can disclose such information under the Bill's privacy principles and exceptions.
AnsweredQoN 5439Legislative Council
QuestionView source ↗
(1) Will this Bill allow police to access information from the Health Department regarding suspects that the police have when children under 14 present with a sexually transmitted disease such as syphilis and gonorrhoea, as a tool to further a conviction against the perpetrators?
(2) As STI’s are notifiable diseases, the Health Department keeps records of all names of those who present with this disease. These names can then be matched with the suspected perpetrator if a child has presented with an STI. Is this the intention of the Act?
(3) If no to (2), under what circumstances would the police be allowed to access medical records given that there has only been 18 convictions out of 478 notifications of STI’s in children from 2004?
(2) As STI’s are notifiable diseases, the Health Department keeps records of all names of those who present with this disease. These names can then be matched with the suspected perpetrator if a child has presented with an STI. Is this the intention of the Act?
(3) If no to (2), under what circumstances would the police be allowed to access medical records given that there has only been 18 convictions out of 478 notifications of STI’s in children from 2004?
AnswerView source ↗
Answered
20 September 2007
Responded by
Minister for Child Protection representing the Minister for Health
Response time
15 days
(1) The Health Department will be bound by the health privacy principles (HPPs) in Schedule 4 to the
Information Privacy Bill 2007
. It will not be an interference with an individual's privacy if the Health Department discloses health information about that individual to a third party for the purpose for which the information was collected in the first place, or in any of the circumstances set out in the exceptions to the use and disclosure principle in the HPPs.
Several of the exceptions to the use and disclosure principle in the HPPs may be relevant to the question posed. For example, health information about an individual may be disclosed to the police by the Health Department in response to a subpoena or search warrant. This will not constitute an interference with privacy because the disclosure is required or authorised by law (HPP 2(1)(c)).
If the Health Department reasonably believes disclosure is necessary for one or more of the law enforcement functions of the police, that disclosure will not constitute an interference with the privacy of the individual concerned (HPP 2(1)(m)). Alternatively, the Health Department may disclose health information about an individual to a third party (such as the police) if the Department reasonably believes that the disclosure of that information is necessary to lessen or prevent a serious threat to an individual's life, healthy, safety or welfare (HPP 2(1)(h)(i)) or that the disclosure is necessary to safeguard or promote the wellbeing of a child (HPP 2(1)(i)).
If the Health Department discloses health information to the police in good faith in the latter circumstances, then by virtue of the provisions of Part 6 of the Bill, no civil or criminal liability will be incurred, the disclosure will not be regarded as a breach of any duty of confidentiality or secrecy, nor will the disclosure be regarded as a breach of professional ethics or standards.
(2) The intention of the Bill is to strike a balance between protecting the privacy of individuals' personal and health information, on the one hand, and on the other hand, ensuring that in appropriate circumstances government agencies can disclose personal and health information about individuals to other government agencies or to persons or bodies in the private sector. The Bill recognises that privacy must be balanced against other interests, including the protection of life, safety, health and welfare of individuals, especially children, and the community generally, and privacy protection should not hamper government accountability or investigations into criminal or other improper activities. The exceptions to the information privacy principles and health privacy principles in Schedules 3 and 4 to the Bill reflect these competing interests.
In addition, Part 6 of the Bill provides protection for government agencies against civil and criminal liability, duties of confidentiality and secrecy, and professional ethics and standards, which would otherwise result from the disclosure of personal or health information about individuals, provided that these disclosures take place in certain circumstances. The provisions of Part 6 are intended to implement key recommendations of the Gordon Inquiry relating to information sharing by government agencies. Consistent with the core concerns of the Gordon Inquiry, the circumstances in which disclosures are permitted, with the protections afforded by Part 6 of the Bill, are primarily directed to those where the life, health and safety of individuals, including children, is involved, and to disclosures for law enforcement purposes.
(3) There are a range of circumstances in which government agencies, including the Health Department, will be able to disclose health information about an individual to the police without committing an interference with the privacy of that individual. These circumstances include:
· Where the information was collected for the purpose of disclosing it to the police (HPP 2(1));
· Where the individual to whom the information pertains consents to the disclosure (HPP 2(1)(b));
· Where the disclosure is required or authorised by or under law (eg pursuant to a subpoena) (HPP 2(1)(c));
· Where the government agency reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to an individual's life, health, safety or welfare (HPP 2(1)(h)(i));
· Where the government agency reasonably believes that the use or disclosure is necessary to safety or promote the wellbeing of a child or a class or group of children (HPP 2(1)(i));
· Where the government organisation has reason to suspect that unlawful activity has been, is being, or may be, engaged in and discloses the information in reporting its concerns to relevant authorities (eg the police) (HPP 2(1)(l)); or
· Where the government organisation reasonably believes that the use or disclosure is necessary for one or more of the law enforcement functions of a law enforcement agency (HPP 2(1)(m)).
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Information Privacy Bill 2007
. It will not be an interference with an individual's privacy if the Health Department discloses health information about that individual to a third party for the purpose for which the information was collected in the first place, or in any of the circumstances set out in the exceptions to the use and disclosure principle in the HPPs.
Several of the exceptions to the use and disclosure principle in the HPPs may be relevant to the question posed. For example, health information about an individual may be disclosed to the police by the Health Department in response to a subpoena or search warrant. This will not constitute an interference with privacy because the disclosure is required or authorised by law (HPP 2(1)(c)).
If the Health Department reasonably believes disclosure is necessary for one or more of the law enforcement functions of the police, that disclosure will not constitute an interference with the privacy of the individual concerned (HPP 2(1)(m)). Alternatively, the Health Department may disclose health information about an individual to a third party (such as the police) if the Department reasonably believes that the disclosure of that information is necessary to lessen or prevent a serious threat to an individual's life, healthy, safety or welfare (HPP 2(1)(h)(i)) or that the disclosure is necessary to safeguard or promote the wellbeing of a child (HPP 2(1)(i)).
If the Health Department discloses health information to the police in good faith in the latter circumstances, then by virtue of the provisions of Part 6 of the Bill, no civil or criminal liability will be incurred, the disclosure will not be regarded as a breach of any duty of confidentiality or secrecy, nor will the disclosure be regarded as a breach of professional ethics or standards.
(2) The intention of the Bill is to strike a balance between protecting the privacy of individuals' personal and health information, on the one hand, and on the other hand, ensuring that in appropriate circumstances government agencies can disclose personal and health information about individuals to other government agencies or to persons or bodies in the private sector. The Bill recognises that privacy must be balanced against other interests, including the protection of life, safety, health and welfare of individuals, especially children, and the community generally, and privacy protection should not hamper government accountability or investigations into criminal or other improper activities. The exceptions to the information privacy principles and health privacy principles in Schedules 3 and 4 to the Bill reflect these competing interests.
In addition, Part 6 of the Bill provides protection for government agencies against civil and criminal liability, duties of confidentiality and secrecy, and professional ethics and standards, which would otherwise result from the disclosure of personal or health information about individuals, provided that these disclosures take place in certain circumstances. The provisions of Part 6 are intended to implement key recommendations of the Gordon Inquiry relating to information sharing by government agencies. Consistent with the core concerns of the Gordon Inquiry, the circumstances in which disclosures are permitted, with the protections afforded by Part 6 of the Bill, are primarily directed to those where the life, health and safety of individuals, including children, is involved, and to disclosures for law enforcement purposes.
(3) There are a range of circumstances in which government agencies, including the Health Department, will be able to disclose health information about an individual to the police without committing an interference with the privacy of that individual. These circumstances include:
· Where the information was collected for the purpose of disclosing it to the police (HPP 2(1));
· Where the individual to whom the information pertains consents to the disclosure (HPP 2(1)(b));
· Where the disclosure is required or authorised by or under law (eg pursuant to a subpoena) (HPP 2(1)(c));
· Where the government agency reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to an individual's life, health, safety or welfare (HPP 2(1)(h)(i));
· Where the government agency reasonably believes that the use or disclosure is necessary to safety or promote the wellbeing of a child or a class or group of children (HPP 2(1)(i));
· Where the government organisation has reason to suspect that unlawful activity has been, is being, or may be, engaged in and discloses the information in reporting its concerns to relevant authorities (eg the police) (HPP 2(1)(l)); or
· Where the government organisation reasonably believes that the use or disclosure is necessary for one or more of the law enforcement functions of a law enforcement agency (HPP 2(1)(m)).
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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