SpeakOut_Feb2014_electronic

PROFESSIONAL PRACTICE NEWS

Protecting your clients’ privacy is paramount

HAVE YOU BEEN following the Edward Snowden “scandal” in the US? It has all the makings of a good telemovie; leaked documents, a whistleblower, the CIA, and temporary asylum in Russia. I’m sure someone in LA is busily penning the script as we speak. But on a serious note the whole saga has highlighted information privacy and made me think about the steps that we as speech pathologists need to take to protect our clients’ privacy. Of course we have all heard the horror stories of breaches of a client’s privacy… • health professionals discussing a client in front of others or where they can be overheard, • a file left open on a desk where the next client can see it, • a health professional disclosing information to another professional without the client’s consent, • a file left on public transport or stolen out of a car, or • documents containing a client’s personal health information thrown out in the general waste. And this is only to name a few. Unfortunately the list could go on. I don’t need to tell you why protecting your clients’ privacy is paramount. I’m sure you all readily agree that you expect the same from health professionals you see. But here’s a reminder of what all SPA members agree to when they sign their membership declaration. In SPA’s Code of Ethics 2010 it states:

2. Put in to practice the following: • Develop a Privacy Policy, • Provide access to and discuss your Privacy Policy with each client, • Provide clients with the Office of the Australian Information Commissioner’s handout, My Health My Privacy My Choice, • Conduct regular staff training and retraining, • Conduct a risk audit; where are potential breaches of privacy likely to occur? 3. Access and use the wide range of resources available to you. • SPA’s Privacy Guide (recently updated to reflect the amendments to the Privacy Act), and

• the Office of the Australian Information Commissioner website has a Resources for health service providers page and you can subscribe to OAICnet which is the Office of the Australian Information Commissioner’s (OAIC) news email list. It provides news from the OAIC about its activities, publications and other relevant information.

Finally, here are the Golden Rules of Privacy:

• Always gain consent to disclose and obtain information about a client. • Never discuss a client (even if you don’t use their name) where others may overhear.

3.1.4 Confidentiality We treat as confidential all information we handle in the course of our professional services. We do not disclose information about our clients, or the confidences they share with us, unless: • our clients consent to this; • the law requires us to disclose it; or • there are compelling moral and ethical reasons for us to disclose it.

• Always keep detailed and contemporaneous notes.

• Always store and transport health information securely.

Now, I know that you can adhere to all of the above and still make mistakes or disputes may occur so make sure you have your professional indemnity insurance up-to-date and alert your insurer if there is a potential issue. And it’s also a good idea to discuss a concern with someone like Christina Wilson (SPA’s Senior Advisor Professional Issues) or if you have PI insurance with Guild you have access to free legal advice through Meridian Lawyers. It’s always better to try to sort out an issue early because I don’t know about you but I don’t fancy having to relocate to Russia at this time of the year… it’s freezing over there!

But what can you do to prevent breaches of privacy?

If you work in the public sector make sure you follow your organisational policies and procedures. If you work in the private sector here’s some tips. 1. Acquaint yourself with the Privacy Act 1988 and in particular the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which comes into effect on 12 March 2014.

CHRISTINE LYONS Senior Advisor Professional Practice

20 Speak Out February 2014

Speech Pathology Australia