QLD Privacy Laws - When Can Confidentiality Agreement be Broken?

[Dwayne Harry]

If someone provides information under confidentiality under what circumstances can the confidentiality agreement be broken under privacy laws?

 

[Victoria S]

Need more info. But generally speaking (depending on the nature of the confidentiality) you can sometimes get away with blabbing if someone's life is in grave danger or to prevent a crime or something.

 

[Dwayne Harry]

Thanks Victoria,

Basically, a person provided information to a Doctor under the right to privacy act (their name was not to be disclosed). This (false) information led to a major misdiagnosis which has further led to serious physical and mental harm to the patient.

A lawyer subpoenaed the Hospital records, however, the vital information pertaining to the person's name has been withheld.

 

[Victoria S]

Ok, that's totally different to what I thought you were talking about.

Is the lawyer acting on behalf of the patient? If this is being handled by a lawyer, they may be able to make an application and get a court order for disclosure. I'm not overly familiar with the particular circumstances that disclosures are allowed under the Privacy Act but generally speaking exceptions to confidentiality exist where:

• authorised by or under an Australian law or a court order
  
• disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety
  
• disclosure necessary to prevent unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged
  
• reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.

 

[Dwayne Harry]

Ok, that's totally different to what I thought you were talking about.

Is the lawyer acting on behalf of the patient? If this is being handled by a lawyer, they may be able to make an application and get a court order for disclosure. I'm not overly familiar with the particular circumstances that disclosures are allowed under the Privacy Act but generally speaking exceptions to confidentiality exist where:

• authorised by or under an Australian law or a court order
  
• disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety
  
• disclosure necessary to prevent unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged
  
• reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.

Victoria, thank you very very much.

 

[Rod]

A lawyer subpoenaed the Hospital records, however, the vital information pertaining to the person's name has been withheld.

Just checking: Lawyers don't issue a subpoena. Did the lawyer write directly to the hospital, or get a court ordered subpoena?