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Where am I now? Lawlink > privacynsw > Your Privacy > How can I get access to my medical records?
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How can I get access to my medical records?
Your right of access to your medical records in NSW is covered by different laws. This means you may need to make some choices about how to apply for access.
If you want to see your medical records held by a private sector person or organisation, such as you GP or physiotherapist, you may need to choose between:
If you want to see your medical records held by a public hospital, you can choose between:
Public Hospitals
If you want to see your medical records from a public hospital, you can approach the hospital directly and make a request under the Privacy and Personal Information Protection Act 1989 (the PPIP Act). In accordance with the PPIP Act, NSW public sector agencies have to tell you whether they hold personal information about you and give you access to it without undue delay or expense. The PPIP Act will only apply until 1 Septembere 2004, when the Health Records and Information Privacy Act 2002 (the HRIP Act) commences (see below).
Your original file will generally be made available for you to read if you are able to attend the hospital, or you could ask for a photocopy of your file.
You should not be charged for lodging a request for access under the PPIP Act. However, you may be charged for the administrative costs involved when access is provided. For instance, costs may need to be recovered for photocopying, copies of x-ray films and for staff time involved in processing a request. If health service providers do charge for providing access, charges must not be excessive and should not discourage an individual from accessing their records.
There are certain circumstances, however, where access to your medical records may be refused. The reasons would be the same as under the Freedom of Information Act 1989 (see below).
On 1 September 2004 the HRIP Act will commence. This Act will regulate how NSW public sector agencies will collect, store, use and disclose individuals’ health information. Therefore after 1 September 2004 if you wish to access any of your personal information which relates to health information, such as medical records, you will need to apply under this Act instead of the PPIP Act. More about the HRIP Act>>
Alternatively, you may wish to apply for access under the Freedom of Information Act (the FOI Act). This legislation gives anyone a right to apply for access to any document held by a NSW public sector agency. However the agency may rely on a number of exemptions under this legislation to refuse or limit the access you get. These exemptions are intended to protect areas like law enforcement, commercial confidentiality and the personal affairs of other people. The agency is obliged to provide you with reasons if access to your records is not approved. For more information on FOI, contact the NSW Ombudsman on (02) 9286 1000 or Toll free: 1800 451 524 or visit their website.
Whichever way you apply, if the agency won’t give you access, or refuses to give you a copy of your records, you can formally request the agency conduct an internal review.
Private doctor or private sector organisation
Before 1 September 2004, your only option is to apply under the Federal Privacy Act 1988.
From 1 September 2004, private health service providers and large private sector organisations can be approached for access to your health information under the HRIP Act.
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