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Public and Environmental Health Act 2011
112Confidentiality of information
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112 Confidentiality of information
(a) the person obtains information in the course of carrying out
functions connected with the administration of this Act; and
(b) engages in conduct that results in the disclosure of the
information to someone else.
(b) is reckless as to whether the conduct would result in the
disclosure of the information.
Public and Environmental Health Act 2011 63
(2) Subsection (1) does not apply to a person disclosing information:
(a) for the administration of this Act; or
(b) with the consent of the person to whom the information
relates, or, if the person is less than 18 years of age or
otherwise lacks legal capacity, the parent, guardian or legal
representative of the person; or
(c) for legal proceedings arising out of the operation of this Act; or
(d) for public health information:
(i) in a statistical form that does not identify the person who
is the subject of the information; or
(ii) in accordance with the CHO's authorisation under
subsection (3).
(3) The CHO may, in writing, authorise the disclosure of health
information to a stated person for a stated purpose if, before
disclosing the information, the CHO takes reasonable steps to
protect the privacy of persons to whom the information relates.
Examples of stated purposes for subsection (3)
1 Scientific study or research.
2 Ensuring the accuracy of the health information register.
(4) For subsection (3), a stated person may be:
(a) a named person; or
(b) a person holding or occupying a stated office, position or
designation; or
(c) a person from time to time holding or occupying a stated
office, position or designation.