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What can I do if I think my doctor has told someone what I said during a visit?
Can my doctor give my information to someone else?
Can I see my medical records?
Does anyone else have access to my records?
How long can my doctor keep the information?


Information about your health and mental well-being is particularly sensitive and private. This information is protected by the Health Information Privacy Code 1994. Information includes what you say and the results of any test, procedure and examination that is carried out. The Code tells agencies in the health sector, such as your doctor, how they can get, keep and use information about your health.

What can I do if I think my doctor has told someone what I said during a visit?

The best thing to do is to complain to your doctor. If you do no want to talk to your doctor about it, or if you do and you are not happy about the response, you can complain to the Privacy Commissioner, (see Making a complaint).

Can my doctor give my information to someone else?

Doctors, like any other professionals, such as lawyers and psychologists have a legal duty not to talk with others about your private life without first making sure it is alright with you. Any breach of this “confidentiality” duty is usually a serious matter and they can face disciplinary action and can even be taken to court.
But there are times when a medical professional may be obliged to disclose information, e.g. if there is a threat to public health, or safety, or your life, or your health, (or another person’s life or health), is at risk. (See Can an agency give my information to someone else?”). Doctors, lawyers and psychologists are protected by law from court or disciplinary proceedings if they report to the police or Child, Youth and Family Services (CYFS), any matter where they believe a young person under the age of 17 is likely to be ill treated, or suffer physical, emotional or sexual harm if the matter is not brought to official notice. So, if you are under 17 and you tell a doctor or a lawyer you have been abused or if a doctor, after examining you, believes that you have been abused, they may report it to the Police or CYFS without your consent.

Can I see my medical records?

Yes. You have the right to see your medical records at any time. You may request a copy of your personal information. It is recommended that the application be in writing, so that, a signed, dated copy of the request can be kept as proof if you need it later.

Does anyone else have access to my records?

Only appropriate clinical staff have access to records and are required to treat this information as confidential.


How long can my doctor keep the information?

A health agency must not keep information that is personal to you without your permission any longer than needed for providing health services to you (Rule 9 of the Health Information Privacy Code 1994). However the Health (Retention of Health Information) Regulations 1996 specify that health information must be retained for 10 years after the latest provision of health services.


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Jeanierich
Jeanierich
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