A 14 year old girl was examined by a hospital specialist after admission through an accident and emergency clinic. She was not living at home and her parents did not know where she was. They later requested a copy of the specialist's report. The request was refused on the grounds that it would be contrary to her interests to release the information. The parents asked me to review the hospital's decision. My review led me to the opinion that the hospital's decision was justified.

Section 22F of the Health Act 1956 provides:

Every person who holds health information of any kind shall, at the request of the individual about whom the information is held, or a representative of that individual, ...disclose that information to that individual or, as the case requires, to that representative...

'Representative' is defined in the Health Act and the Health Information Privacy Code 1994 to mean, in relation to an individual under 16, that individual's parent or guardian.

Section 22F(2) provides that the holder of the information may refuse to disclose it if that refusal is authorised by a code of practice issued under the Privacy Act. Rule 11(4)(b)(i) of the Health Information Privacy Code provides that such a request by a representative may be refused if disclosure would be contrary to the individual's interests.

I read the specialist's report. It contained information of a very sensitive and personal nature about the patient. I noted the circumstances surrounding her admission to hospital and the estrangement from her parents. Releasing the report to her parents might well have discouraged the daughter from discussing sensitive issues with health care providers and I considered this would be contrary to her interests. For these reasons, I formed the opinion that the hospital had a proper basis to withhold the information from the parents.

Indexing terms: Request by representatives for information - Crown Health Enterprise - Child estranged from parents - Whether disclosure would be contrary to child's best interests - Health Act 1956, s 22F - Health Information Privacy Code 1994, rule 11(4)(b)(i).

October 1998