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YOU DO HAVE SOME RIGHTS


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  • RegionNelson

Posted 22 September 2015 - 03:35 PM

Under the Privacy Act 1993 and the Health Information Privacy Code 1994 (updated)

 

YOU DO HAVE SOME RIGHTS

Principle 7 Correction of personal information
(1) Where an agency holds personal information, the individual concerned shall be entitled

 

· (a) to request correction of the information; and

 

· ( to request that there be attached to the information a statement of the correction sought but not made.

 

(2) An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.

 

(3) Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.

 

(4) Where the agency has taken steps under subclause (2) or subclause (3), the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps.

 

(5) Where an agency receives a request made pursuant to subclause (1), the agency shall inform the individual concerned of the action taken as a result of the request.

Principle 8 Accuracy, etc, of personal information to be checked before use
An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading.

 

 

Rule 7

 

Correction of Health Information

 

(1) Where a health agency holds health information, the individual concerned is entitled:

 

(a) to request correction of the information; and

( to request that there be attached to the information a statement of the correction

sought but not made.

 

(2) A health agency that holds health information must, if so requested or on its own

initiative, take such steps (if any) to correct the information as are, in the circumstances,

reasonable to ensure that, having regard to the purposes for which the information may

lawfully be used, it is accurate, up to date, complete, and not misleading.

 

(3) Where an agency that holds health information is not willing to correct the information

in accordance with such a request, the agency must, if so requested, take such steps (if

any) as are reasonable to attach to the information, in such a manner that it will always

be read with the information, any statement provided by the individual of the correction

sought.

 

(4) Where the agency has taken steps under subrule (2) or (3), the agency must, if

reasonably practicable, inform each person or body or agency to whom the health

information has been disclosed of those steps.

 

(5) Where an agency receives a request made under subrule (1), the agency must inform the

individual concerned of the action taken as a result of the request.

 

(6) The application of this rule is subject to the provisions of Part 5 of the Act (which sets

out procedural provisions relating to correction of information).

 

(7) This rule applies to health information obtained before or after the commencement of

this code.

 

Note: An action is not a breach of this rule if it is authorised or required by or under law -

Privacy Act, section 7(4).

 

Rule 8

 

Accuracy etc of Health Information to be Checked before Use

(1) A health agency that holds health information must not use that information without

taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having

regard to the purpose for which the information is proposed to be used, the information is

accurate, up to date, complete, relevant, and not misleading.

(2) This rule applies to health information obtained before or after the commencement of

this code.

 

Note: An action is not in breach of this rule if it is authorised or required by or under law -

Privacy Act, section 7(4).


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