Introduction
By law, your medical records and health information must be kept safe and private by all medical and healthcare professionals. Monash House Research Centre is committed to protecting patients’ privacy and information that we collect and use.
Monash House Research Centre must follow privacy and health records laws, including the Privacy Act 1988 (and the 13 Australian Privacy Principles) and the Heath Records Act 2001 (VIC). These laws apple to our relationships with patients, employees and service providers. We expect all health professionals and organisations we work with to also follow these privacy principles.
In this Privacy Policy, “you” refers to any individual about whom Monash House Research Centre collect personal information and “Clinical Trial” means a clinical trial or clinical research conducted or proposed to be conducted by Monash House Research Centre.
What is personal information?
Personal information: Information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in material form or not, about an individual whose identity is apparent, or can be reasonably be ascertained from the information or opinion.
Sensitive Information: Is a subset of personal information that is afforded a higher level of protection by privacy laws. It includes health genetic and biometric information as well as information about an individual’s racial or ethnic origin, political opinions, religious beliefs or affiliations; political, professional or trade associations or trade unions, philosophical beliefs, sexual orientation or practices and criminal record or health information about an individual.
Why does Monash House Research Centre collect personal information?
Monash House Research Centre collects and holds personal information from individuals who receive or have received care or services to understand their needs and provide the necessary service and advice. The patient’s medical history helps us to determine the most suitable and effective treatments, avoiding unnecessary repeat tests. We also use this information to contact the individual with relevant advice or details about the service being provided. Additionally, we use personal information to improve the quality of our services, manage and administer them, and comply with legal requirements where necessary.
What personal information do we collect and hold?
Monash House Research Centre collects personal information that it considers necessary to provide its range of services, including medical research and Clinical Trial activities.
Can individuals deal with us anonymously?
Where it is lawful and practicable to do so, individuals may deal with us anonymously or use a pseudonym (e.g. when enquiring about our services generally). However, it is generally not possible to remain anonymous as a patient.
How do we collect personal information?
Monash House Research Centre collects personal information from you when you:
In some circumstances, personal information about you may also be collected from other sources. This may include information from:
How Is Personal Information Used
Monash House Research Centre collects personal information primarily for the purposes of medical research and Clinical Trial activities, to comply with Clinical Trial protocols, laws and regulatory and other guidelines relating to the conduct of Clinical Trials. By providing your personal information, you agree that it may be used for the following purposes:
How Is Your Personal Information Stored and Protected
Your personal information may be stored in physical and electronic form. Monash House Research Centre uses its best endeavours to ensure personal information is stored securely by Monash House Research Centre or its outsourced services providers and protected from unauthorised access.
Some of the ways Monash House Research Centre does this include:
Please note, is not possible to guarantee that data transmission over the internet or via email, either to or from Monash House Research Centre, will be completely secure.
To whom do we disclose personal information?
Monash House Research Centre sometimes shares personal information with the following individuals and organisations:
— information technology providers; and
— professional advisers.
Only people that need to access your personal information will be able to do so. Other than as set out in this policy, Monash House Research Centre will not share your personal information with any third party without your consent. Where practicable, before personal information is provided to a third party it will be de identified so as to no longer be capable of identifying you.
Access to and correction of information:
Medical records are the property of Monash House Research Centre. However patients have a right to access them subject to some exceptions allowed by law. Patients can contact the Privacy Officer at Monash House Research Centre to request access. A fee may be charged for collating and providing access to personal and health information.
Trans border data flows:
Monash House Research Centre may access or use information we collect, including personal information outside Australia, in order to provide the services, medical research and Clinical Trial activities. Information may also be stored on servers located outside Australia.
How do we manage privacy preferences and capacity?
Monash House Research Centre accepts the admission of children under the age of 18 years old (but no younger than 6), therefore children under the age of 18 will be required to have a parent or guardian present when managing privacy preferences.
If an individual lacks capacity to make privacy decisions for themselves, we will refer to or manage requests for access and consents in relation to personal information with the individual’s Enduring Power of Attorney or Substitute Decision-maker.
How to opt out of direct marketing?
We will only use personal and health information for the purposes of direct marketing and promotional activities with the individual express consent. All direct marketing communications will include the option for an individual to opt out of receiving direct marketing communication. Individuals can opt out at any time.
How do we store and secure personal information?
Monash House Research Centre stores personal and health information electronically and in paper form. The security of personal and health information is very important to us and reasonable steps are taken to protect it from misuse or loss and from unauthorised access, modification or disclosure. Some of the ways we do this include:
Keeping personal information accurate and up-to-date:
Monash House Research Centre takes all reasonable steps to ensure that the personal and health information it collects uses and discloses is accurate, complete and up-to-date. However, the accuracy of that information depends largely on the quality of the information provided to us. It is therefore suggested that patients:
How can we be contacted?
You may contact us in any of the following ways:
By telephone: (03) 8394 0700
By letter: Privacy Officer, Monash House Research Centre
271 Clayton Road
Clayton Vic 3168
Online: Through the feedback form on the patient feedback page of our website
Individuals who have any questions about privacy, this policy or the way we manage personal information or who believe that we have breached their privacy rights should contact the Complaints Officer of Monash House Private Hospital with their question or complaint.
Monash House Research Centre will endeavour to acknowledge receipt of a written complaint within 7 days and provide a written response to the complaint within a reasonable time frame. It may be necessary to request further information from the complainant before the matter can be resolved. Any such request will be made in writing. If the individual is not satisfied that Monash House Research Centre has resolved their complaint, they have the right to make a complaint to the Office of the Australian Information Commissioner (OAIC) or the Health Services Commissioner. If they wish to make a complaint or to find out any more information about their privacy rights the OAIC or Health Services commissioner can be contacted as follows:
Australian Information Commissioner
By telephone: 1300 363 992
By email: enquiries@oaic.gov.au
Online: OAIC privacy complaint form
Health Services Commissioner (Victoria)
By telephone: 1300 582 113
By mail: Health Services Commissioner, 26th Floor, 570 Bourke Street, Melbourne VIC 3000 Online: Health Services Commissioner online complaint form
REFERENCES
Freedom of Information Act 1982
Federal Register of Legislation – Freedom of Information Act 1982 Privacy Act 1988
Federal Register of Legislation – Privacy Act 1988
NSQHS standard 1. Clinical Governance