Must a health service provider give an individual access to their medical records....

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Question: Must a health service provider give an individual access to their medical records if it contains information collected before 21 December 2001?

Answer: From 21 December 2001, individuals have a general right of access to information about them that is held by a health service provider. This applies to the health information a health service provider has collected from 21 December.

An individual can also gain access, subject to certain limitations, to health information collected before that date, if the information is being used or disclosed by the provider. Access to such information may be withheld where this would place an unreasonable administrative burden on the provider or where it would cause unreasonable expense.

See National Privacy Principle 6 (NPP6) on access. For more information on when the NPPs apply, see section 16C of the Privacy Act 1988 and Information Sheet 10 - Application of the NPPs to Information Already Held.