Privacy Laws - What to Do with Unsolicited Information?

[Andrew Allen]

Hi all,

First time posting, please be gentle!

I ran into this dilemma today during a class discussion and am struggling to comprehend the legal dynamics of the situation. Any help would greatly be appreciated!

Let's say I am a psychologist treating a client for trauma in relation to a workplace accident. The client intends to make a claim through workcover and I provide my client's solicitor with all of their records (with my client's consent).

The workcover solicitor (a different solicitor) later contacts me via telephone and discloses unsolicited information concerning my client that I was unaware of as their psychologist. For example, a new address, a different education history, and regular attendance to alcoholics anonymous for a chronic drinking problem.

What do I do with this unsolicited information under te privacy laws? Usually, it is something that would be covered in an initial assessment with the client, but the client chose not to disclose the information for whatever reason.

Thanks again for the help

 

[Michael T]

Does that information affect your position/treatment of the patient? You can read more about the privacy laws and your obligations here: Privacy Act | Privacy law| Office of the Australian Information Commissioner - OAIC

 

[Andrew Allen]

Does that information affect your position/treatment of the patient? You can read more about the privacy laws and your obligations here: Privacy Act | Privacy law| Office of the Australian Information Commissioner - OAIC

Thanks for your reply. I have actually viewed the resources on that website and, while they were helpful, I am still struggling to completely comprehend the application of the privacy laws (i.e., they seem open to a degree of interpretation). To answer your question, yes, the information could arguably impact the treatment of the client, but psychologists have an ethical obligation to respect a client's right to privacy.

 

[Martis]

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