Is a health service provider required to give a representative of an....

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

Answer: National Privacy Principle 6 (NPP 6): Access and Correction – 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 – to make sure health information is not mistakenly disclosed – and the authority of the representative. For more information, see the Guidelines on Privacy in the Private Health Sector.