What does the law say?

Which type of records do I have access to under the Privacy Act?

The Health Information Privacy Code 1994 gives New Zealanders (whether citizens or not) the right to obtain all personal health information about themselves held by: health professionals, whether registered or unregistered. This includes doctors, dentists, pharmacists, nurses, dieticians, physiotherapists, psychologists, psychiatrists, naturopaths, homeopaths, psychotherapists, counsellors, etc.

• Agencies providing health or disability services. This includes District Health Boards (DHBs), public and private hospitals, old people's homes, supported accommodation, maternity clinics, accident and medical centres, outpatients' clinics, ambulance services, and the blood transfusion service.
• Agencies which do not provide health services but which are part of the health sector, such as Health Funding Authorities, the former Public Health Commission, Accident Compensation Corporation, Ministry of Health, Health Research Council, health insurers and professional disciplinary bodies.
• Agencies that no longer provide health services but still hold information from the time when they did.

Can I be refused any of my records?

The guiding principle is that information must be made available unless a reason exists under the Act for withholding it. The Act says that a refusal can be made only in certain specified circumstances, such as if the disclosure "would likely prejudice the physical or mental health of the person".

In practice, when information has been withheld for this reason, it has mostly been from people with a psychiatric condition. The agency or practitioner has to justify a refusal. If they refuse to provide the information requested, this does not mean that the entire document containing that information can be withheld, but in the example given above, only the specific information thought to be likely to prejudice the health of the person.

A complete list of reasons for refusing access is provided in Part IV of the Privacy Act available from Bennetts Government Bookshops and public libraries. These are the only reasons allowed for refusing access. You are entitled to know the reason for refusal and the supporting grounds. You may also make a complaint to the Privacy Commissioner, and have the right to seek an investigation and review of the refusal.

Privacy Commissioner's Privacy hotline
Auckland (09) 302 8655
Other areas (free) 0800 80 39 09
website www.privacy.org.nz

This information has been provided by the Women's Health Action Trust.