PRIVACY AND CONFIDENTIALITY
POLICY AND PROCEDURE
Date Last Updated
1.0 PURPOSE AND SCOPE
To ensure that management of personal information for clients meets all relevant legislative and regulatory requirements. This policy and procedure applies to current and potential clients, their carers and family members.
Because people with disabilities are more vulnerable to exploitation and abuse than others in the community, workers with access to client information automatically occupy risk-assessed roles under the NDIS Commission.
The primary risk to privacy and confidentiality arises from the collection, storage and sharing of client information. Access by non-authorised persons may expose clients to risk. Safe storage and access policy protects clients from abuse and exploitation. This policy addresses these issues.
There is a risk that information will be shared inadvertently and without the intention to do harm. Information may be unintentionally disclosed by careless use of tablet- or phone-based software, shared with a client’s supporters against the client’s wishes, or disclosed to peers on the assumption that the information is publically known. Cultural assumptions around sharing information are diverse and change rapidly. Social media platforms may allow clients to be identified. This risk may be minimised by:
These issues are addressed in this policy.
Personal information – Recorded information (including images) or opinion, whether true or not, from which the identity (including those up to thirty years deceased) could be reasonably ascertained.
Sensitive information – Information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political party, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preference or practices, or criminal record. This is also considered to be personal information.
Health information – Any information or an opinion about the physical, mental or psychological health or ability (at any time) of an individual.
Information Privacy – refers to the control of the collection, use, disclosure and disposal of information and the individual’s right to control how their personal information is handled.
In collecting personal information, Nursing Care Victoria will inform the client:
Client information is used to:
Updating Client Information
# To ensure that client information is accurate, complete, current, relevant and not misleading, Nursing Care Victoria checks personal details and updates client files accordingly:
# There will be no charge for any correction of personal information.
# Where Nursing Care Victoria has previously disclosed client personal information to other parties, should the client request us to notify these parties of any change to their details, we must take reasonable steps to do so.
Collection and Storage of Personal Information.
Nursing Care Victoria collects information:
Nursing care Victoria will collect sensitive information:
Clients are to be provided with the Client Consent Form at the time of commencing service with Nursing Care Victoria. This form is to be
Nursing Care Victoria takes all reasonable steps to protect personal information against loss, interference, misuse, unauthorised access, modification, or disclosure. Nursing Care Victoria will destroy, or permanently de-identify personal information that is
Nursing Care Victoria has appropriate security measures in place to protect stored electronic and hard-copy materials. Nursing Care Victoria has an archiving process for client files which ensures files are securely and confidentially stored and destroyed in due course.
Nursing Care Victoria respects the right to privacy and confidentiality, and will not disclose personal information except:
For these purposes, Nursing Care Victoria may disclose clients’ personal information to other people, organisations or service providers, including:
Any information released for evaluation or research purposes will be de-identified.
Accessing personal information
# Clients can request and be granted access to their personal information, subject to exceptions allowed by law.
# Requests to access personal information must state:
# The Executive Management Team will assess the request to access information, taking into consideration current issues that may exist with the client, and whether these issues relate to any lawful exceptions to granting access to personal information.
# Should the Executive Management Team decide that access to personal information will be denied, they must, within 30 days of receipt of the request, inform the client in writing of:
# Should access be granted, the Executive Management Team will contact the client within 30 days of receipt of the request to arrange access to their personal information.
# Should Nursing Care Victoria be unable to provide the information in the means requested, the Executive Management Team will discuss with the client alternative means of accessing their personal information.
# Reasonable charges and fees, incurred by Nursing Care Victoria in providing the data as requested, may be passed on to the client.
Office of the Victorian Information Commissioner: Email: [email protected] || Phone: 1300 666 444 or through the online form available at:
Breaches of Privacy
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