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Revocation and Replacement of the Health Information Privacy Code under the Privacy Act 2020

NZNO welcome your feedback on proposed changes made to the Health Information Privacy Code. The changes are not intended to enact policy changes, aside from those implemented in the Privacy Act 2020.

The key updates to this code which may be relevant to nurses are:

  • If the lawful purpose for which health information about an individual is collected does not require the collection of an individual’s identifying information, the health agency may not require the individual’s identifying information.
  • A new exception to allow collection from a source other than the individual where necessary to prevent or lessen a serious threat to the life or health of the individual concerned or any other individual
  • A new information privacy principle relating to crossborder disclosures and other substantive and technical amendments made to the information privacy principles in the new Act;
  • Updating clause numbering where previous amendments to the 1994 code has led to such numbering being out of sequence;
  • Removal of section notes and square brackets relating to previous amendments;
  • Decapitalisation of some words, such as “code of practice” and “rule”.

The proposed code broadly has retained the ordering of subrules in the 1994 code, including where that order differs from the information privacy principles in the Act.

The information paper can be found here.

A copy of the proposed code, which sets out the changes in bold and with commentary can be found here.

Please send feedback to PolicyAnalysts@nzno.org.nz by 7 August 2020.

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