This article applies to organisations that collect health information in NSW.
Health Records and Information Privacy Amendment (Disclosure of Health Information) Regulation 2022 (NSW)
The Health Records and Information Privacy Amendment (Disclosure of Health Information) Regulation 2022 (NSW) (the Amending Regulation) commenced on 16 December 2022 and amended the Health Records and Information Privacy Regulation 2022 (NSW) (the Regulation) to allow for the release of health information to close family members for compassionate reasons, including for those who have passed away.
The new regulation 7A provides that an organisation may disclose health information for a secondary purpose if:
- the purpose of the disclosure is to provide the information to an immediate family member of the individual for compassionate reasons;
- the extent of the disclosure is reasonable considering the compassionate reasons;
- the individual has passed away;
- the disclosure does not contravene any expressed wishes by the individual before the individual’s death that the organisation was aware of, or could have become aware of after taking reasonable steps; and
- if the immediate family member is under 18 years of age, the organisation believes that the family member has sufficient maturity to receive the health information in the given circumstances.
Conclusion
Organisations should familiarise themselves with their new responsibilities under the Health Records and Information Privacy Regulation 2022 (NSW) as summarised above. In addition, organisations should identify the changes required to be made by them to ensure they are compliant with their obligations, including updating systems, policies and procedures.
