PERIOPERATIVE PAPARAZZI
Aug 14, 2015
Management of
Digital Images in
Operating Theatres
Richmond Network Surgical Services
Perioperative Nurse Educator
Vanessa Tyler
Consent LHD Policy Clinical Imagery Management
(Northern NSW & Mid North Coast)
Informed
Specific
Freely given
Capacity
Timely
De-identified information is exempt
from privacy law
Consent or no Consent??
Primary purpose
Disclosing information for the purpose of which it was collected
E.g. consent not required if
Subpoena or search warrant
In emergency situations
Secondary purpose
The pt would reasonably expect the disclosure
Training and education (limited without consent)1
Classifications
Identified or de-identified?
‘any information or an opinion about a
person whose identity is apparent or can
reasonably be ascertained from the
information or opinion’
Privacy and Personal Information
Protection Act 1998 (NSW)
Responsibilities
Coverage of Privacy laws extend up to 30 years passed
death
Privacy Manual for Health Information 2015 NSW Health
Privacy Act 2014
Health Records and Information Privacy Act 2002
Government Information (Public Access) Act 2009
Privacy and Personal Information Protection Act 1998
Code of Conduct PD2012_018 NSW Health
Health Administration Act 1982 Information cannot be disclosed unless:
Consent to release of information
Where disclosure of information is required (Administration)
Release for legal purposes (subpeona)
Other ‘lawful excuse e.g. assisting police in court proceedings
Statutory Privilege
RCA not compelled to give evidence obtained in investigation
(except final report)
Health Records Information Privacy Act 20023 (NSW) or Freedom of
Information
Naming Convention Heading in progress notes ‘Clinical Imagery’
Date, time & service
Purpose of the image
Type of device used e.g camera/video
Number of images
Name of electronic storage i.e. Clinical Imagery SharePoint portal
If the image is shared with another clinician, date & time of transmission
Signature, name & designation
Naming Convention
ImageLastnameFirstnameMRNSiteYYYY-MM-DD (SS).jpg
lacerationBloggsJohn679347rightforearm2015-06-16 (1/3).jpg
Clinical Imagery Management in
Operating Theatres Image captured without consent? What next?
Sensitive cases?
Clinical Imagery Management in
Operating Theatres
Once you transfer an image it belongs to the Medical Record
& can be accessed in accordance with the Health Record &
Information Policy.
Written consent for children.
Written consent for all education & training purposes.
References 1. Privacy Manual for Health Information 2015 NSW Health
2. Privacy Act 2014
3. Health Records and Information Privacy Act 2002
4. Government Information (Public Access) Act 2009
5. Privacy and Personal Information Protection Act 1998
6. Code of Conduct PD2012_018 NSW Health
7. Privacy and Personal Information Protection Act 1998 (NSW)
8. Code of Conduct PD2012_018
9. Clinical Imagery Management Policy. Document ID: NC-AREA-POL-6987-13. MNCLHD & NNSWLHD. Sept 2013
10. Health Administration Act 1982