AJD v Royal Prince Alfred Hospital [2014] NSWCATAD 125 followed an application by a father, for medical records in relation to his children. The records were released to him, but they contained some information in relation to the health of his former wife, the mother of the children.

 The Tribunal’s discussion included the following:

  • To the extent that an individual’s information was “collected to provide, or in providing, a health service” to their child, that health information could also be the health information of the child: [73].
  • For example, a mother’s health information that relates to an illness or hereditary condition could be relevant to the provision of a health service to her child. That health information of the mother could also be the health information of the child. Similarly, if the information related to an illness or hereditary condition of the child’s father, that information could also be the health information of the child: [74].
  • To the extent that a mother’s conduct during a pregnancy has the potential to affect the child’s health, the information could be relevant to the provision of a health service to the child: [75]

The Tribunal found at [84] that some of AJD’s health information that was included on the children’s records was neither relevant nor necessary for the care and treatment of the children. At [92], the hospital had breached Health Privacy Principle 11 by releasing that part of the children’s medical records that contained AJD’s health information that was not also the children’s health information.