Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

Is a health service provider required to give a representative of an individual access to that individual`s medical records?

National Privacy Principle 6 (NPP 6): Access and Correction ï¿½ does not specify how access to medical records should be given. The intention of NPP 6 is to encourage open communication between the individual and their health service provider by providing a general right of access to the health information held about them.

In some cases, an individual may need a representative to assist them in gaining access to their medical record. For instance, an individual may be unable to exercise their access rights because they lack the legal capacity to do so, but their guardian (if they have one) may seek access, if the guardian has the appropriate legal authority. For more information on Disclosure of health information to a responsible person, see section 2.9 of the Guidelines on Privacy in the Privacy Sector.

A useful precaution for a health service provider dealing with a request for access by a representative (of an individual) is to check both the identity of the individual ï¿½ to make sure health information is not mistakenly disclosed ï¿½ and the authority of the representative. For more information, see the Guidelines on Privacy in the Private Health Sector.