Category: MIL-OSI

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Reviewed May 2025 (previously titled ‘Can I tell the cops? A guide for health professionals.’

Health professionals have the significant responsibility of knowing and caring for some of the most intimate details of their patients’ lives. Patients trust and expect doctors, nurses, and others to not tell just anyone. This obligation is recognised in the Health Information Privacy Code.

Rule 11 of the Code says health professionals cannot disclose health information they hold about an individual, unless there is a valid reason to do so.

What is a valid reason for releasing information? 

Section 22C of the Health Act 1956 allows, but doesn’t require, health professionals to disclose information to a police officer (and some other officials), if they need the information to do their job. Where the treatment relates specifically to drug dependency, then the information is privileged against disclosure in criminal court proceedings under section 59 of the Evidence Act 2006.

If you believe that any child or young person has been or is likely to be harmed, whether physically, emotionally, or sexually, you can report the matter to a social worker or Police. This is vital, as there is little that is more serious than the need to protect a child.

Search warrants and production orders

If Police have a search warrant or a production order for information about a patient, then health professionals must hand it over to them under the Search and Surveillance Act. A search warrant or production order is approved and issued by the Court if Police have met the grounds required under the Act. If Police have a search warrant, they can search a health provider’s premises. If they have a production order, health professionals must release the information requested. It is an offence to refuse.

Sometimes Police do not have enough information to obtain a compulsory order. The Privacy Act is flexible enough to allow health professionals to disclose information under an exception to rule 11, when necessary, “to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution and punishment of offences”.

You may have information that could help Police in their investigations. There will be no breach of rule 11 of the Code if you can demonstrate you have considered this exception, and that you acted in good faith.

Things to consider

To be clear, this is your discretion. Consider these things before exercising it: 

• Unless Police have a search warrant or production order then health professionals don’t have to give them anything.
• You need to turn your mind to whether this disclosure is reasonably necessary in these circumstances. It’s Police’s job to convince you. If you are convinced, then you can release the information.
• If Police’s request is vague or informal, or you question why they really need all that information, then follow up. They should provide you with a form or an explanation of why the information is needed. If you’re unsure whether to disclose information, you may wish to seek legal advice or contact the Medical Protection Society https://www.medicalprotection.org/newzealand for further guidance. If you’re still in doubt, you don’t have to tell them, and you can ask them to go back and get a production order.
• If you decide to disclose to a police officer, it’s up to you to ensure the information you do disclose is proportionate and necessary in the circumstances.
• Police don’t have to request information from you for this exception to apply. If you are concerned about a potential crime, or the health and wellbeing of someone, then you can disclose information to the appropriate authorities.
• But again, before you do so, consider what information needs to be disclosed, why this information should be disclosed, and why it is necessary for the purpose you are disclosing it. Also, consider who you are disclosing to. Make sure you send it to the people who can do something about it. 

Questions?

If you have any concerns or questions, please use AskUs, which has more than 600 privacy questions and answers, or call our enquiries line on 0800 803 909.

Health Information Privacy Code, health, IPP11 – disclosure, law enforcement

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Source:

Reviewed and updated May 2025

A member of the public contacted us because they’d noticed some rubbish strewn along a street. It included prescription labels with a person’s name and address. The nature of the prescription clearly indicated the condition of the patient who was being treated with the medication.

The person who discovered the prescription labels informed our Office and we contacted the agency most likely responsible and discussed the situation with them.
The health agency’s rubbish was supposed to have been double-bagged, which would usually prevent spillages. However, the agency also had access to a secure shredding service and is now looking at using that service to dispose of prescription labels on cardboard packaging. 

Each agency is responsible for working out a practical solution that works for their circumstances.
 
An individual agency needs to work out for themselves how it’s best to dispose of this kind of waste. A useful check is to ask what steps you would expect to be taken if the personal information belonged to you.

At home, you might want to rip labels off cardboard packaging and recycle the cardboard while disposing of the prescription label in some other way.

More information on handling health information:

health, data, breach, health rubbish,

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