Office of the Privacy Commissioner | Case Note 23067 [2003] NZPrivCmr 23 - Patient objects to receiving X-rays in envelope with label indicating contents
A woman had a mammogram and was later sent the x-ray slides in a large envelope with a red sticker labelling the contents as mammography films. She complained to me about this disclosure.
The diagnostic imaging clinic said that it was normal practice to label mammography film envelopes to assist patients in locating them later for comparative purposes. The envelope was printed with the clinic name, addresses and logo and the words X-ray film only added to indicate that the contents should not be bent or folded.
I took the view that the words X-ray film only disclosed health information about the addressee. I suggested substituting Do not bend or fold and the clinic agreed. I accepted the case to display the business logo and that it was necessary to warn against bending or folding the contents.
After discussion with my office, the clinic agreed to ask patients whether they would prefer to take the x-rays with them or to have the slides posted to them. Patients who chose to have the slides posted would be advised that the envelope would display the business logo and a caution against bending or folding the contents. This approach overcame the woman's objections.
On the understanding that the clinic would ensure that the precise nature of the contents of the envelope would no longer be displayed on the outside and that patients would have the option of collecting their slides in person, I closed my file.
September 2003
Indexing terms: Disclosure of personal information Health agency Radiology clinic sent x-rays to patient in envelope identifying contents Health Information Privacy Code 1994, rule 11