Is a document in a patient's record accessible by them, if it has been written by ...

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Question: Is a document in a patient's record accessible by them, if it has been written by health professional from outside your organisation and it includes a statement that it was provided to you 'in confidence'?

Answer: Yes, such a document is accessible by the patient unless one of the exceptions to National Privacy Principle 6: Access (NPP 6) applies.

All of the personal information in an individual's health record (where this has been collected, used or disclosed after 21 December 2001) is subject to NPP 6.

It may be reasonable, however, for you to discuss a particular report or piece of personal information with the author, if you think the information in question should be withheld due to one of the exceptions under NPP 6, and you need the author's opinion to help you decide. These exceptions include that giving access would pose a serious threat to the life or health of any individual, or this would have an unreasonable impact on the privacy of others, or it would prejudice certain law enforcement activities.

The decision about whether to provide access or not, however, is for you or your organisation to make. It is your organisation that holds and maintains the record.

For more information on the operation of NPP 6 and the exceptions to providing access, see the Office's Guidelines on Privacy in the Private Health Sector, and the Information Sheet 4-2001 Access and Correction.