Privacy Policy

Policy Detail

Collection of Information

Eastern Health will only collect information that is necessary to provide health care and perform related management functions. This will be done in a fair, lawful and non-intrusive way. Information will be collected directly from the individual rather than from another person however if this is not possible, and where practicable, the individual will be advised.

When information is collected, the person will be told why it is required, any law that requires it to be collected, the organisations or type of organisations to whom it may be disclosed and the implications for the individual if the information is not provided.

Information use and disclosure

Definitions:

Use - refers to the handling of information within an organisation. The information remains within the control of the organisation.

Disclosure - is the communication of information to another organisation or individual.

Information can only be used or disclosed for the primary purpose for which it was collected, or for a directly related secondary purpose, which could be expected. If required for any other purpose, consent is generally required.
All health professionals involved in a patient's direct care and treatment have access to and can use that person's health information. (Use)

It may be necessary to pass some information to other health care providers to facilitate ongoing treatment and care. Health information is routinely sent to a patient's local GP, unless the organisation is specifically requested not to. (Disclosure)

Under the Health Records Act (2001) and the Information Privacy Act (2000) Victoria, the right of the individual to refuse disclosure of their personal and/or health information to any person(s) has been formalised and publicised. Eastern Health has a privacy alert system in place, to ensure that a privacy request is recorded and respected.

To evaluate our practices, the treatment and services we provided and to seek ways to continually improve, some information will be used for clinical audits and quality improvement activities.
Some information may also be used for other purposes permitted under the privacy laws, for example, planning, billing, fundraising and management.

Ongoing research activities are an integral activity within a training organisation. All research applications must be approved by the Eastern Health Research and Ethics Committee and must comply with National Health & Medical Research Council guidelines. Although patients may be approached to agree to the release of some information for research, whenever possible any identifying details will be removed. Every individual has the right to refuse to consent to participate.

 Other people who receive information

Eastern Health is obliged by law to provide some personal information about patients/staff to organisations such as

• Department of Human Services, for funding, planning and improving health services, and for databases or registers of specific diseases.
  
• Court(s) of Law, in compliance with a summons or court order or where there is a serious and imminent threat to an individual's life, health, safety or welfare or a serious threat to public health, safety or welfare
  
• Notification to its third party indemnity insurers

To facilitate future care or treatment, there may be a requirement to transfer an individual's health information to organisations outside Victoria. This will only be done with the consent of the individual, to a recipient which we believe is subject to similar binding privacy obligations, or where it is in the patient's interest (and it is impracticable to obtain consent, and if asked, the individual would be likely to give consent).

 Data Accuracy and storage

Eastern Health will do everything it can to make sure that the information held about an individual is accurate, complete and up to date. It is a legal requirement to hold some records for extended periods however information will not be kept longer than necessary. Refer to the General Disposal Schedule for Public Health Services - Patient Information Records.) Periodic audits of records and databases are conducted to ensure that information held is accurate and up to date.

Access to Eastern Health records and computer systems is controlled and closely monitored. Staff and authorised external users have restricted access only to the systems that their duties require. The computer systems have security passwords and all staff are bound by a strict code of conduct.

Physical or paper records are securely stored and can be accessed only by authorised personnel.
Any suspected infringement of privacy is thoroughly investigated. Disciplinary action will be taken if investigation of a suspected infringement of privacy is proven.

Any individual or organisation (such as an outside service contractor), who may have access to personal or health data, held by Eastern Health, is required to sign a confidentiality agreement.

 Access to personal information

Access to records in a public hospital/organisation is legislated under the Freedom of Information Act (1982) Victoria.

Every individual, for whom information is held, has the right to request access to and amendment of their information. There are however, some conditions when access can be restricted or withheld. For example, access to personal /health information is not provided where doing so would disclose information given in confidence, where disclosure might pose a serious threat to the life or health of any person, or where the information would otherwise be exempt from disclosure by law. The methods of access to personal/health information are prescribed and a reasonable fee can be levied.

If an individual wishes to access and/or request amendment to their personal/health information, they should be advised to contact the Freedom of Information Officer at the relevant campus.

If an individual has concerns that their privacy rights may have been infringed and wishes to make a complaint, they should be referred to the Patient Liaison Officer at the relevant campus.

 Guide to Privacy Law in Victoria

http://www.victorialaw.org.au/PrivateLives/index.htm