Health Information Privacy Code 1994

1

Health Information Privacy Code 1994

Amendment No 8

I, JOHN EDWARDS, Privacy Commissioner, now issue under section 51 of the Privacy Act 1993, this amendment to the Health Information Privacy Code 1994.

Issued by me at Wellington on 9 September 2015.

The SEAL of the Privacy Commissioner was )

affixed to this amendment to the )[L.S]

Health Information Privacy Code 1994 )

by the Privacy Commissioner )

John Edwards
Privacy Commissioner

1.Title

This amendment is the Health Information Privacy Code 1994 Amendment No 8.

2.Commencement

This amendment will come into force on 15 October 2015.

3.Amendment to clause 4 (Application of Code)

(1)Clause 4(2)(c) is amended as follows:

Delete: Injury Prevention, Rehabilitation, and Compensation Act 2001

Substitute:Accident Compensation Act 2001

(2)Clause 4(2)(j) is amended as follows:

Delete: Injury Prevention, Rehabilitation, and Compensation Act 2001

Substitute:Accident Compensation Act 2001

Note: This amendment substitutes a replacement title for the relevant legislation.

4.Amendment to clause 5 (Health information privacy rule 10)

Rule 10(1)(c) is amended by inserting the following after “publicly available publication”:

Insert:“and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information”

Note: This amendmentnarrows the exception permitting the use of health information obtained from a publicly available publication. This amendment reflects changes made to equivalent provisions in the Privacy Act 1993 by the Harmful Digital Communications Act 2015.

5.Amendment to clause 5 (Health information privacy rule 11)

Rule 11(1)(d) is amended by inserting the following after “publicly available publication”:

Insert:“and that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information”

Note: This amendment narrows the exception permitting the disclosure of health information obtained from a publicly available publication. This amendment reflects changes made to equivalent provisions in the Privacy Act 1993 by the Harmful Digital Communications Act 2015.

6.Amendment to clause 5 (Health information privacy rule 12)

Rule 12(2)(a) is amended in the following manner:

Delete:section OD7 of the Income Tax Act 1994

Substitute:subpart YB of the Income Tax Act 2007

Note: This amendment substitutes a replacement Act for repealed legislation.

7.Amendment to Schedule 1: Specified health agencies

(1)Paragraph 3 is amended in the following manner:

Delete: 3 New Zealand Council on Healthcare Standards

(2)Paragraph 6 is amended in the following manner:

Delete:6 Health Benefits Limited

Substitute:6 New Zealand Health Partnerships Limited

(3)Paragraph 7 is amended in the following manner:

Delete:7 The Mental Health Commission

(4)Paragraph 9 is amended in the following manner:

Delete:Injury Prevention, Rehabilitation and Compensation Act 2001

Substitute:Accident Compensation Act 2001

Note: These amendments remove references to agencies which no longer exist and substitute replacement agencies where appropriate. The amendment also reflects changes

Legislative history

7 August 2015 Public notice of intention to issue Amendment No 8 (Privacy Act, s 48)

9 September 2015 Amendment No 8 issued (Privacy Act, s 51)

17 September 2015Gazette notice concerning issue, commencement and availability (Privacy Act, s 49)

15 October 2015Commencement of Amendment No 8

CP/0036/A402757