POLICY
Rembrandt Living will only obtain information necessary for the effective delivery of Residential or Home Care. The information is kept up to date to the best of our knowledge from information provided to us by the care recipient and/or their legal representative.
Personal information is generally provided to professional and legally authorised persons e.g. Locum medical service, Allied Health professionals, Aged Care Assessment Team, Officers from the Department of Human Services, auditors from the Accreditation Agency or other appropriate service providers involved in care recipient care. A signed, itemised consent will be obtained from the care recipient or their legal representative prior to information being disclosed to persons identified on the consent form.
Rembrandt Living recognises that individuals may now have the option of not identifying themselves, or of using a pseudonym (APP-2). However it is impractical to apply this principle to Rembrandt Living’s daily activities since identification of care recipients is required for legal, clinical, financial and data collection purposes.
Rembrandt Living will not collect, use or disclose the following solicited sensitive information about any care recipient without their full consent (APP-3):
• Ethnic origin
• Sexual preference
• Religious, philosophical or political beliefs
• Criminal record
• Health information or genetic information
Highly sensitive information such as banking pin numbers, computer passwords etc. will not be collected from care recipients and staff are not authorised to know such information.
If Rembrandt Living receives unsolicited personal information (APP-4), it is first determined whether or not the information could have been lawfully solicited under APP 3.
• If it is determined that Rembrandt Living could not have lawfully collected the information, it is destroyed or de-identified.
• If it is determined that the information could have been solicited under APP 3 and is necessary for the provision of effective care, Rembrandt Living will treat such information as though the information had been solicited and therefore ensure compliance with APP’s 5 to 13.
When Rembrandt Living collects personal information about a care recipient, they are notified of the following details (APP-5):
• Rembrandt Living’s contact details.
• That the information has been collected and its content.
• The intended use of the information.
• To whom else the information will be disclosed.
• The rights of the care recipient to access the information.
Rembrandt Living will only disclose personal information about a care recipient for the primary purposes for which it was collected unless the care recipient consents to the disclosure (APP-6). Note: This principle does not apply to the use or disclosure of personal information for the purpose of direct marketing or government related identifiers.
Sensitive information about a care recipient will be used by Rembrandt Living for direct marketing only if prior consent has been obtained (APP-7). If a care recipient’s personal information is used for direct marketing, Rembrandt Living will disclose the source of that information to the person if the care recipient requests.
Rembrandt Living will only disclose personal information about a care recipient to any parties receiving information if (APP-8):
• The care recipient has been informed that the parties receiving information will not be bound by the APPs and the care recipient has given their consent.
• Rembrandt Living has taken reasonable steps to ensure that the parties receiving information, do not breach the APPs in relation to the information.
• Rembrandt Living believes that the parties receiving information are subject to laws that protect the information in a substantially similar way to the APPs.
• The disclosure of the information is required by law.
• The disclosure of information is used to prevent a serious threat to the life, health or safety of a person or to public health or safety, or for certain government agency functions such as for diplomatic functions or in the course of war.
Rembrandt Living will not adopt any government related identifier of a care recipient as its own identifier unless required to do so by Australian law or court / tribunal order or details are prescribed by the regulations (APP-9).
Rembrandt Living ensures that steps are taken (if any and where reasonable) to ensure that any personal information that is collected, used or disclosed is:
• Accurate
• Current
• Complete
• Relevant
This principle relates to the quality of personal information (APP-10).
Rembrandt Living ensures (where reasonable) that personal and / or sensitive information is protected from misuse, interference, loss and from unauthorised access, modification or disclosure. All information that is no longer needed is de-identified (APP-11).
Rembrandt Living will give a person access to personal information concerning a care recipient upon request of that individual.
Rembrandt Living responds to the request for access within 7 days and provides access in the manner requested by the person (if reasonable).
If Rembrandt Living refuses access to personal information, the person making the request will be given a written notice setting out the reasons for the refusal and avenues of complaint about the refusal (APP-12).
Upon request, Rembrandt Living will take reasonable steps to correct personal information about a care recipient to ensure it is up to date, accurate, complete, relevant and not misleading.
If the corrected personal information has been previously disclosed to another organisation (upon request by the person), Rembrandt Living takes reasonable steps to notify the other organisation of the correction.
If Rembrandt Living is legally unable to correct the personal information of a care recipient, the person requesting the correction may require an attached statement stating that the information is deficient. Rembrandt Living will respond within 7 days to requests for corrections to personal information or the attachment of an information statement (APP-13).
Viewing by a third party is only permitted where;
• The request is or believed to be on reasonable grounds for clinical review.
• That the disclosure is necessary to prevent or lesson serious and imminent risk to an individuals life.
• Rembrandt Living have reason to suspect unlawful activity and the use of the images form part of and investigation.
• Necessary to allow an enforcement agency to conduct legal proceedings or the use is otherwise required or authorised by law.
LEGISLATION
Freedom of Information Act
Human Rights and Equal Opportunities Act
Privacy Act
REFERENCE
Standards and Guidelines for Residential Aged Care Services 1.8 Common Community Care Standard 1.7
