Privacy and Health Records Policy

Title Privacy and Health Records Policy

Description A policy to ensure compliance with the Privacy and Data Protection
Act 2014 and the Health Records Act 2001
Category Governance
Type Policy
Approval authority Group Manager, Chief Executive’s Office
Responsible officer Senior Governance Advisor
Approval date 1 December 2016
Review cycle Every four years
Review date 1 December 2020
Document Reference (Trim) D15/41842
Human Rights compatibility This policy has been assessed and is compatible with the Victorian
Charter of Human Rights of Responsibilities

1. Purpose

To articulate Council’s policy in relation to compliance with the principles contained in the Privacy and
Data Protection Act 2014 and the Health Records Act 2001.

2. Scope

This policy applies to officers and councillors of Yarra City Council, including Council contractors,
consultants and volunteers.
Council believes that the responsible handling of personal and health information is a key aspect of
democratic governance, and is strongly committed to protecting an individual’s right to privacy.
Accordingly, Council is committed to full compliance with its obligations under the Privacy and Data
Protection Act 2014 and the Health Records Act 2001.

3. Definitions

Health Information means -

(a) information or an opinion about—
(i) the physical, mental or psychological health (at any time) of an individual; or
(ii) a disability (at any time) of an individual; or
(iii) an individual's expressed wishes about the future provision of health services to him or
her; or
(iv) a health service provided, or to be provided, to an individual - that is also personal
information; or
(b) other personal information collected to provide, or in providing, a health service; or
(c) other personal information about an individual collected in connection with the donation, or
intended donation, by the individual of his or her body parts, organs or body substances; or

Document Name: Governance – Privacy and Health Records Policy Page

Responsible Officer: Senior Governance Advisor 1/6
 Privacy and Health Records Policy

(d) other personal information that is genetic information about an individual in a form which is or
could be predictive of the health (at any time) of the individual or of any of his or her
descendants
but does not include health information, or a class of health information or health information
contained in a class of documents, that is prescribed as exempt health information for the
purposes of this Act generally or for the purposes of specified provisions of this Act.
Personal Information means -
(a) information or an opinion (including information or an opinion forming part of a database),
that is recorded in any form and whether true or not, about an individual whose identity is
apparent, or can reasonably be ascertained, from the information or opinion, but does not
include information of a kind to which the Health Records Act 2001 applies.
Sensitive Information means –
(a) information or an opinion about an individual's—
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record -
that is also personal information.

4. Policy

The Health Privacy Principles (HPPs) in the Health Records Act 2001 are similar to the Information
Privacy Principles (IPPs) of the Privacy and Data Protection Act 2014. A description of Council’s
approach to each of the respective Information and Health Privacy Principles is outlined in the
following section of this document.

4.1. Collection

IPP
Council will only collect personal information that is necessary for it to carry out its functions outlined in
Schedule 1 of the Local Government Act 1989. In some circumstances, Council is required by law to
collect personal information. Council will only collect sensitive information where you have consented
or as otherwise permitted under legislation.
If it is reasonable and practicable to do so, Council will collect personal information directly from you.
When doing so, it will inform you of the matters set out in the legislation, including the purpose(s) for
which the information is collected and will use lawful and fair means. If Council collects personal
information about you from a third party, it will take reasonable steps to make you aware of this.

Document Name: Governance – Privacy and Health Records Policy Page

Responsible Officer: Senior Governance Advisor 2/6
 Privacy and Health Records Policy

HPP
Council only collects health information that is necessary for the performance of a function or activity
and has the individual’s consent or is required or permitted by law.
Council will only collect health information by lawful and fair means and not in any unreasonably
intrusive way. Upon collection, Council will inform individuals of how to contact Council; how to access
information; purpose for which information was collected; whom Council usually discloses the
information of that kind; any law that requires Council to collect the information; and the main
consequence (if any) for the individual if all or part of the information is not provided.

4.2. Use & Disclosure

IPP
Council will only use personal information within Council, or disclose it outside Council, for the purpose
for which it was collected or a secondary related purpose in accordance with the Privacy and Data
Protection Act (eg where you have consented or where you would reasonably expect this to occur).
HPP
Council only uses and discloses health information for the primary purpose for which it was collected
or a directly related secondary purpose the person would reasonably expect. In any other
circumstance Council will contact the individual in order to obtain consent (unless the use or disclosure
is required by law or permitted by the Health Records Act).

4.3. Data Quality

IPP
Council will ensure that the personal information it collects, uses or discloses is accurate, complete
and up to date.
HPP
Council will ensure that the health information it collects, holds or discloses is accurate, complete and
up to date and relevant to its functions or activities.

4.4. Data Security

IPP
Council will endeavour to maintain a secure system for storing personal information. Information
systems and operational policies and procedures are in place to protect personal information from
misuse and loss from unauthorised modification or disclosure. Council will dispose of personal
information where it is no longer necessary to fulfil the purposes for which the information was
collected or as required by law.
HPP
Council will take steps to safeguard the health information it holds against misuse, loss, unauthorised
access and modification. Where lawful, Council will take reasonable steps to destroy or permanently
de-identify health information if it is no longer needed.

Document Name: Governance – Privacy and Health Records Policy Page

Responsible Officer: Senior Governance Advisor 3/6
 Privacy and Health Records Policy

4.5. Openness

IPP & HPP

Council will provide a copy of this policy to any person who requests it.

4.6. Access and Correction

IPP & HPP

Individuals have a right to seek access and make corrections to personal or health information held by
Council about them. All requests for access and correction should be made to the Privacy Officer on
(03) 9205 5110.

4.7. Unique Identifiers

IPP & HPP

Council will only assign a number to identify a person if the assignment is reasonably necessary to
carry out its functions efficiently.
Council will not use as an identifier for an individual a unique identifier that has been assigned by
another organisation (such as a driver license number, Medicare number or Tax File Number) unless it
is reasonably necessary to carry out its functions efficiently.

4.8. Anonymity

IPP & HPP

Where lawful and practicable, Council will give you the option of not identifying yourself when
supplying information or entering into transactions with Council.

4.9. Transborder Data Flows

IPP & HPP

Council will only transfer personal or health information outside Victoria, if the organisation receiving it,
is subject to laws substantially similar to the IPPs or HPPs.

4.10. Sensitive Information

IPP
Council will only collect sensitive information about an individual following consent of an individual, or
where it is required under law or otherwise provided by.

4.11. Closure of the Practice of a Health Service Provider

HPP
If Council discontinues its health services it will give notice of the closure to past service users.

Document Name: Governance – Privacy and Health Records Policy Page

Responsible Officer: Senior Governance Advisor 4/6
 Privacy and Health Records Policy

4.12. Making Information Available to Another Health Service Provider

HPP
Where Council acts as a health service provider, it will make health information relating to an individual
available to another health service provider if requested to do so by an individual.

5. Provision of Services by External Parties

While personal and health information is usually handled by Council staff, Council may outsource
some of its functions to third parties. This may require the service provider to collect, use or disclose
certain personal or health information. Service providers are contractually obliged to comply with the
requirements of either the Privacy and Data Protection Act 2014 or the Health Records Act 2001
respectively.

6. Change Management

When altering systems or processes that collect, store or transfer private information, Council staff are
to have regard to the implications of the change on Council’s compliance with this policy.
Depending on the extent of the change, staff may consider one or more of the following supporting
steps:
• engaging with relevant internal stakeholders as part of the change management process
(e.g. the Privacy Officer for altering processes involving private information, Access Yarra
staff for changes to front line information management practices, and Information Services
for related information system changes).
• ensuring Information Services staff are involved in the procurement of new systems or
upgrades to existing systems.
• implementing training and operating procedures to support staff in implementing any
changes to processes and procedures.

Where significant changes are being considered, staff should undertake a formal Privacy Impact
Assessment, using the tools produced by the Victorian Commissioner for Privacy and Data Protection,
in the Privacy by Design toolkit. These resources include a template for a Privacy Impact Assessment
and are available on the Commissioners website at https://www.cpdp.vic.gov.au/.

7. Complaints

If you feel aggrieved by Council’s handling of your personal or health information, you may make a
complaint to Council’s Privacy Officer on 9205 5110.
Your complaint will be investigated as soon as possible, but no later than five business days and you
will be provided with a written response.
Alternatively, you may make a complaint to the Victorian Privacy Commissioner, by telephoning
1300 666 444 or the Victorian Health Services Commissioner by telephoning 1300 582 113. It should
be noted that the respective Commissioner may decline to hear the complaint, if you have not first
made a complaint to Council.

8. Breaches

Upon becoming aware of a breach or potential breach of the IPPs or HPPs, Council staff are to notify
their direct supervisor without delay. Upon confirming that a breach has occurred, the direct supervisor
shall notify both the relevant manager and Council’s Privacy Officer.

Document Name: Governance – Privacy and Health Records Policy Page

Responsible Officer: Senior Governance Advisor 5/6
 Privacy and Health Records Policy

In responding to a breach, Council’s Privacy Officer shall be guided by advice provided by the
Commissioner for Privacy and Data Protection in the guidelines Responding to Privacy Breaches
2008. This advice requires the completion of the following steps:
(1) breach containment and preliminary assessment;
(2) evaluation of the risks associated with the breach;
(3) notification; and
(4) prevention.

9. Related Documents

• Privacy and Data Protection Act 2014

• Health Records Act 2001

Document Name: Governance – Privacy and Health Records Policy Page

Responsible Officer: Senior Governance Advisor 6/6