1 Feb 2007, 09:00

A woman was admitted to hospital for an operation. After being released from hospital, she requested access to information relating to her admission, including the names of three nurses who attended her.

The hospital provided some information but refused to provide the remaining information under section 29(1)(a) of the Privacy Act. It submitted that releasing the information would involve the disclosure of another person's affairs (the nurses' identity and the fact they were rostered on duty at particular times) and that disclosure would be unwarranted in these particular circumstances. This was because it believed that staff had previously been subject to harassment from the woman. The woman denied the harassment, and stated that she had been unfairly treated by the hospital in a number of respects.

During discussions with the woman, we noted that the Code of Health and Disability Services Consumers' Rights may be more directly relevant to why she made her request. For example, Right 6(3) of that Code provides that consumers have the right to honest and accurate answers about the identity and qualifications of the people who provide healthcare services. I suggested that she could take the matter up with the Health and Disability Commissioner, who would also be in a position to consider her other concerns about the hospital. She saw this as a useful way forward and chose to discontinue her privacy complaint.

March 2007

Access to health information – hospital – request for nurses' names refused – other concerns about treatment – Right 6(3) Code of Health and Disability Services Consumers' Rights – Privacy Act 1993, principle 6, section 29(1)(a)