I was asked to investigate an allegation that a laboratory had disclosed a complainant's cervical smear test results for inclusion on the National Cervical Screening Register despite her express objection that this not be done.

The complainant's doctor informed me that after he had carried out the cervical smear test he had placed an 'opt off' sticker on the laboratory request form. The complainant confirmed that she had seen her doctor do this.

My investigating officer visited the laboratory to check the procedures involved where a woman requests that results not be forwarded to the national register. It was explained that doctors can inform the laboratory of a woman's request by placing an 'opt off' sticker on the form or writing the words 'opt off' on the request form. The officer was provided with a copy of the request form received by the laboratory from the complainant's doctor in this case. This showed no 'opt off' sticker was attached to the form. The laboratory request form was also not signed.

The investigating officer also spoke with the coordinator of the national programme and was informed that it was known that the 'opt off' sticker could become detached from the form. Doctors request cervical smear tests by using either the national screening registry programme form or laboratory request form. The officer subsequently examined copies of request forms and other cervical cytology forms completed by the complainant's doctor in a 3 month period to determine the doctor's normal practice in submitting such forms. The handwriting on the form in question differed from that on the forms submitted in respect of other patients.

The details on the original laboratory request form were later confirmed not to have been filled in by the doctor but by his practice nurse. The doctor thereafter explained what he believed must have happened - that having taken the smear he put the form under the specimen and it appears that the fixative may have spilt on to the form. As a result his nurse must have written out a new form which was submitted to the laboratory unsigned. No sticker appeared to have been attached.

Once the doctor had explained to the complainant the probable cause of events and apologised, the complainant decided to withdraw the complaint. The doctor also apologised to the laboratory which was not at fault. My investigation was therefore discontinued on the basis that the complainant did not desire further action to be taken (s.71(d) Privacy Act).

November 1994

Disclosure of personal information - Health agency - Results of cervical smear disclosed to National Cervical Screening Registrar contrary to complainant's wishes - Health Information Privacy Code 1993 (Temporary), rule 11