‘Cheeky look’ at doctor’s health record
Medical authorities have condemned privacy breaches at Waikato Hospital after a doctor’s personal clinical records were accessed by his colleagues without good reason.
The Privacy Commissioner’s office found Waikato District Health Board interfered with the junior doctor’s privacy by failing to safeguard personal health information and failing to release personal information to the registrar when he requested it.
The doctor had been treated at the hospital’s emergency department, and later became aware that colleagues appeared to know about his medical issues, and he was the subject of workplace gossip.
Medical Council of New Zealand chairman Dr Curtis Walker said doctors had the right to privacy as a patient: “Any doctor or any health practitioner must only look up clinical records when it’s their patient and it’s clinically relevant to do so. End of story.”
Walker said there were processes if doctors or health managers were concerned about a doctor’s health, including notifying the Medical Council of issues around performance, competence and safety.
He said if a complaint was made to the council by the junior doctor in this case it would be carefully considered.
“We take all matters where doctors may not have met their professional obligations, including around privacy, very seriously.”
Resident Doctors’ Association national secretary Dr Deborah Powell said the union for junior doctors was concerned: “There are legitimate, well-known HR [Human Resources] ways of managing health conditions in the workplace but they do not include breaching people’s rights with respect to their personal health record.”
Powell said junior doctors were at senior colleagues’ mercy in their career progression and the union had concerns about bullying and harassment across the country.
“We’re in a really powerful hierarchy. And the fear of career retribution, as it’s typically known, is always present for RMOs [Resident Medical Officers]. They’re so dependent on those above them to give them references . . .”
She said Waikato DHB had form with privacy breaches. In 2017 the senior doctors’ union warned members not to use a staff healthcare service at Waikato Hospital after a complaint a doctor’s private medical records were accessed by her bosses.
The Association of Salaried Medical Specialists [ASMS] warning was made after a doctor employed by the DHB agreed to use the Occupational Health and Safety service. At a meeting involving HR staff, some of her medical information was referenced, the union said. A complaint to the Privacy Commissioner was partially upheld.
ASMS executive director Sarah Dalton said patient privacy rules were “to protect patient rights for safe care and also for staff”. She called the latest breach disappointing and said doctors as patients should be able to rely on colleagues not to “have a cheeky look to see what’s going on”.
The union had major concerns about culture and organisational practice across Waikato DHB at the time of both privacy breach cases in 2016 and 2017, but felt progress had been made to address such matters.
“We are pleased Waikato has become more open to reflect on its practices and more willing to engage in a constructive way when union staff or others have concerns.”
The DHB said: “All staff have a professional and ethical obligation to maintain privacy and confidentiality and are reminded of this obligation frequently.
“Additionally, all new staff members to the DHB must undertake a mandatory privacy course so they are aware of their obligations.”