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Where am I now? Lawlink > privacynsw > NSW Privacy Laws > Health Privacy Codes of Practice
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Health Privacy Codes of Practice
How is a health privacy code of practice made?
Organisations may request privacy codes of practice to modify the application of one or more health privacy principles or the Part 4 access provisions of the HRIP Act. This will sometimes be needed where privacy has to be balanced against other public interests. Codes of practice must still meet a number of requirements to ensure that they protect privacy.
Codes must be approved by the Minister for Health after consultation with both the Privacy Commissioner and the Attorney General.
Codes are drafted by Parliamentary Counsel and will be published in the Government Gazette. Prior to this draft codes must be submitted to the Privacy Commissioner for review.
Organisations wishing to submit a code to the Privacy Commissioner should give Privacy NSW advance notice so that we can make suggestions on the need for a code and any supporting case. We strongly suggest that organisations submit a business case before preparing any draft code, to explain first why a code is needed. This allows the justification for making a code to be assessed before any unnecessary work is spent on a draft code which may ultimately be found unnecessary or not justified.
The Privacy Commissioner has issued a Protocol on Assessing Draft Privacy Codes of Practice.
What privacy codes of practice have been made?
Health Records and Information Privacy Code of Practice 2005
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