Office of the Privacy Commissioner | Case Note 15376 [2001] NZPrivCmr 1 - Patient complains hospital refused to correct or seal old health records
A women asked a hospital to delete from its records information about her admission 28 years previously. She alleged that the information was inaccurate and based on conjecture. The information, in the hospital's view, accurately represented the opinion held at the time of the woman's admission and it declined her request. The hospital also considered that the information might be of use in her current or possible future treatment. The hospital offered to attach a statement of correction, but the woman did not consider this was adequate.
The complaint raised issues under rule 7 of the Health Information Privacy Code 1994, which gives people a right to request correction of their personal information.
As the hospital believed the information was accurate at the time it was recorded, I considered it had good reason to maintain the woman's medical records in their current state. I considered that removing information about the admission would not give an accurate recording of woman's health history. For these reasons, I formed the opinion that the hospital had not breached rule 7.
The woman asked whether the hospital would 'seal' the admission notes and keep a note on the file referring to the sealed notes, directing that they could be opened only with her knowledge and consent.
The hospital considered that would be impracticable because of the nature of its records filing system. Given the large number of patients who have received and will receive treatment from the hospital, and taking into account the difficult task of maintaining a large volume of medical records, I considered that the hospital had a good reason for not acceding to this request.
Indexing terms: Correction of personal information - Hospital - Request for correction of old information - Request for deletion or separate storage of information - Health Information Privacy Code 1994, rule 7
April 2001