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Sunday, April 23, 2006

ADT privacy decision: no breach where another act requires disclosure

The ADT (NZ v Health Care Complaints Commission (2006) NSWADT 111) found no breach of privacy principles when the Commission, acting in response to a letter from NZ, informed the nurse complained about (NZ's sister) , that NZ had made a complaint about her. The Tribunal was satisfied that the Health Care Complaints Act required the Commission to inform the person concerned after a complaint had been recieved even though NZ had indicated that the information was provided on a confidential basis and the Commission decided not to investigate.

Perhaps as a result of this case the decision indicates that the Commission has changed its procedures to ensure that a person providing information fully understands the disclosure requirements before acting on a complaint.

The ADT may be coming to know NZ well as there were 7 cases involving a party identified in this way in the ADT last year!

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