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Health Act 1956

National Cervical Screening Programme - Miscellaneous

112ZE: Screening programme employees may retain, access, use, and disclose information to perform functions

You could also call this:

"People working for the screening programme can use and share private information to do their job."

If you work for the National Cervical Screening Programme, you can keep, look at, use, and share information to do your job. This includes information that the programme has, or that you got while evaluating the programme. You can also use and share information that someone else gave to the programme. When you do your job, you might need to access or use some protected information. Protected information is details about people that are private. You need to follow some rules when using this information, like getting approval before sharing it with someone outside the programme, and you can find more information about these rules in the Health (Cervical Screening (Kaitiaki)) Regulations 1995.

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"Rules to Keep People Safe and Healthy"

Part 4ANational Cervical Screening Programme
Miscellaneous

112ZEScreening programme employees may retain, access, use, and disclose information to perform functions

  1. Nothing in this Part prevents any employee of the NCSP from retaining, accessing, using, and disclosing any information to the extent necessary to perform his or her functions as an employee of that programme, including—

  2. information that is held by or accessible to the persons operating the NCSP; and
    1. information and evaluation material obtained by that employee for the purposes of performing an evaluation (including information obtained in his or her capacity as a screening programme evaluator or as a person assisting a screening programme evaluator); and
      1. information and evaluation material provided to the NCSP by a screening programme evaluator during or following an evaluation.

        1. For the purposes of subsection (1), a person is an employee of the NCSP if the person—

        2. is appointed to operate that programme, or to perform particular functions in relation to the operation of that programme, by the Director-General or the Ministry; or
          1. is employed to work in that programme by the Ministry or by the persons appointed to operate the programme.

            1. Despite subsection (1), an employee of the NCSP must obtain any necessary approval under the regulations before—

            2. disclosing any identifiable protected information to a person who is not an employee of the NCSP performing functions as an employee of the NCSP; or
              1. using non-identifiable protected information for the purpose of disclosing it to a person who is not an employee of the NCSP performing functions as an employee of the NCSP.

                1. The actions that an employee of the NCSP may take without obtaining prior approval under the regulations include (without limitation)—

                2. accessing or using protected information on or from the NCSP register for the purposes of performing, and to the extent necessary to perform, their functions as an employee of the NCSP if that access or use does not involve the publication of protected information (for example, routine internal data analyses, data modelling, and data quality checking):
                  1. administering automatic electronic uploads, updates, or back-ups with or between NCSP information management systems:
                    1. administering updates of information to—
                      1. any electronic application in existence at the commencement of this subsection that is operated by the NCSP; or
                        1. any electronic application approved by the National Kaitiaki Group:
                        2. using, disclosing, or publishing non-identifiable protected information that is—
                          1. publicly available; or
                            1. provided through any electronic application referred to in paragraph (c).

                            2. In subsections (3) and (4),—

                              identifiable protected information means information that—

                              1. is on or from the NCSP register; and
                                1. enables the identification of the individual or individuals to whom the information relates; and
                                  1. identifies the individual or individuals as being Māori

                                    National Kaitiaki Group means the group established under regulation 6 of the regulations

                                      non-identifiable protected information means information that—

                                      1. is on or from the NCSP register; and
                                        1. identifies the individual or individuals to whom the information relates as being Māori; but
                                          1. does not enable the identification of the individual or individuals

                                            regulations means the Health (Cervical Screening (Kaitiaki)) Regulations 1995.

                                            1. Subsection (3) is subject to section 22H (which authorises the disclosure of anonymous health information).

                                            Notes
                                            • Section 112ZE: inserted, on , by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
                                            • Section 112ZE(3): inserted, on , by section 7 of the Health (National Cervical Screening Programme) Amendment Act 2021 (2021 No 26).
                                            • Section 112ZE(4): inserted, on , by section 7 of the Health (National Cervical Screening Programme) Amendment Act 2021 (2021 No 26).
                                            • Section 112ZE(5): inserted, on , by section 7 of the Health (National Cervical Screening Programme) Amendment Act 2021 (2021 No 26).
                                            • Section 112ZE(6): inserted, on , by section 7 of the Health (National Cervical Screening Programme) Amendment Act 2021 (2021 No 26).