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The Health Records and Information Privacy Act 2002

The Health Records and Information Privacy Act 2002 came into effect on the 1st September 2004.

Previously, all personal information, including health information, was protected by the Privacy and Personal Information Act 1998 (the PPIP Act). Under the new legislation, health information is removed from the management regime established by the PPIP Act and redefined as a specific type of personal information. The PPIP Act will continue to protect all information that is not considered to be health information.

Health information is defined broadly under s6 of the HRIP Act as:

Personal information that is information (or an opinion) about the physical or mental health or a disability of an individual. An individual's express wishes about the future provision of health services to him/her Information about a health service provided, or to be provided to an individual Other personal information collected in connection with the donation of human tissue Genetic information that could be predicative of the health of an individual or their relatives or descendants Health information relating to individuals which is collected for research use

The HRIP Act aims to promote fair and responsible handling of health information by providing a high level of protection for an individual's health information held in both the public and private sectors in NSW. It also seeks to enable individuals to easily access to their health information, and to provide a workable complaint mechanism regarding the handling of health information.

As the definition of health information is so broad, it is anticipated that the HRIP Act will have a significant effect on the collection, storage, use and disclosure practices of many different units Macquarie University. It is therefore important for all staff to be able to recognise what health information is, what level of protection they should be affording it, and what rights are conferred to individuals under the HRIP Act.

The University's Privacy Management Plan and Privacy Procedures are currently being reviewed to accommodate the new legislation.

Further information regarding the HRIP Act may be obtained from Privacy NSW.