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• Health Information Privacy Code 2020 Amendment No 1

Privacy Act 2020

The Privacy Commissioner proposes amending the Health Information Privacy Code 2020. The proposed amendments are:

• Minor updates to the interpretation section of the Code to reflect changes to terms used in the sector
• Amendments to rule 13 (assignment of the Common Provider Number) to recognise the likely transfer of responsibility for the CPN from the Ministry of Health
• An update to Schedule 2, which lists which agencies can assign the National Health Index number, to include Māori Health Authority, Health New Zealand, and Ministry for Disabled People, as well as better reflect the way in which funding flows within the sector,
• Two minor changes to clauses to correct drafting errors identified since the Code was issued in 2020.

An information paper, which includes the proposed amendment is available here. A draft consolidated code, which includes the proposed amendment in tracked changes to the existing code, is available here.

Consultation is open on these amendments only. Submissions are invited by 4 May 2022. Submissions should be sent to privacy.code@privacy.org.nz.

Questions for submitters:

1. Do you support the change to the title of the definition of ‘disability support services’?
2. Do you agree that the definition of ‘health information’ encompasses information about end-of-life services and that no further change is needed?
3. Do you support the proposed changes Rule 13 and, in particular we would like your views on:
   1. Whether the list of agencies specified at Rule 13 is appropriate, having regard to the structural changes that are to take effect on 1 July 2022;
   2. Whether the proposal to extend the funding provision to include any health agency that is funded whether wholly or partly and whether indirectly or directly by a state service to provide health or disability support services is appropriate?
   3. Does it go too far in permitting assignment of the NHI?  If so, what change (if any) would you recommend we consider?
4. Are there any other changes occurring in the structural reform of the health and disability support sector that need to be reflected in changes to the Code?