AF v Healthquest & Another [2011] NSWADT 99

AF v Healthquest & Another [2011] NSWADT 99

The information collected by the respondent from the RTA about the applicant, comprising medical records, sick leave data, and correspondence, was not about the applicant’s suitability for employment but rather concerned her health and related administrative issues. The respondent breached Health Privacy Principle 3 by collecting information from sources other than the applicant where it was practical and reasonable to obtain it directly from her. Disclosures of information by the respondent to the RTA did not breach privacy legislation as they fell within statutory exceptions under s.18 of the PPIP Act.

Parties
Applicant: AF; Respondent: Healthquest; Third Party: Minister for Health NSW
Jurisdiction
Australia
Judgment Date
10 May 2011
Procedural Posture
Privacy Complaint / First Instance Decision
Outcome
Partial success for applicant on breach of HPP 3; other claims dismissed
Legal Topics
Health Records Privacy, Collection of Health Information, Employment Related Exemptions Under Privacy Law
Administrative Law Privacy Law Health Records Privacy Collection of Health Information Employment Related Exemptions Under Privacy Law

Case Brief

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Parties

AF

Applicant

Healthquest

Respondent

Minister for Health NSW

Third Party

Procedural Posture

Privacy Complaint / First Instance Decision

Legal Issues

  1. 1 Whether respondent collected applicant's health information in breach of Health Records and Information Privacy Act 2002 and Health Privacy Principle 3
  2. 2 Whether the information collected fell within exemptions for information about suitability for employment under privacy statutes
  3. 3 Whether any breach occurred in disclosure of information post-referral

Ratio Decidendi

The information collected by the respondent from the RTA about the applicant, comprising medical records, sick leave data, and correspondence, was not about the applicant’s suitability for employment but rather concerned her health and related administrative issues. The respondent breached Health Privacy Principle 3 by collecting information from sources other than the applicant where it was practical and reasonable to obtain it directly from her. Disclosures of information by the respondent to the RTA did not breach privacy legislation as they fell within statutory exceptions under s.18 of the PPIP Act.

Court Disposition

Partial success for applicant on breach of HPP 3; other claims dismissed

Orders

  • On 20.06.07 the respondent acted contrary to s.11 Health Records Information and Privacy Act 2002 in that it did not comply with Health Privacy Principle 3 when collecting information about the applicant contained in the referral HQ1 dated 14.06.07 and attachments (exhibit R3 annexure 'C'), save to the extent that...
  • The proceedings are listed for directions on Thursday 26 May 2011 at 02:00 pm.