Health Providers Compliance with International Regulations (US HIPAA/EU GDPR)
Amy S Van Wey Lovatt (Account suspended) made this Official Information request to Privacy Commissioner
Privacy Commissioner did not have the information requested.
      From: Amy S Van Wey Lovatt (Account suspended)
      
    
    Dear Privacy Commissioner,
I am writing to request information as to whether NZ based health providers must comply with international privacy regulations or statues. In particular, the EU General Data Protection Regulation and the US Health Insurance Portability and Accountability Act.
These international legislative tools are very similar to the NZ Privacy Act and NZ Health Information Privacy Code, respectively.
Yours faithfully,
Amy S Van Wey Lovatt
        From: Enquiries
        Privacy Commissioner
      
    
    Kia ora Amy,
 
Whether a NZ based health provider must comply with international privacy
 laws (such as the GDPR or HIPPA) depends on a number of factors, including
 whether that provider handles any health information of anyone living
 within a different country that is bound by different privacy legislation.
 We cannot advise on whether a particular New Zealand based organisation
 must comply with international privacy regulations or statutes.
 
The New Zealand Privacy Commissioner does not advise NZ agencies on their
 obligations under international data protection law. Nor we would
 investigate breaches or enforce an international law requirement.
 
If you have any questions about what obligations overseas health providers
 have in relation to complying with the GDPR, HIPPA or any other
 international data protection law, please contact the relevant regulator
 in these jurisdictions.
 
For more information about the GDPR and HIPPA, please refer to the links
 below:
 
o [1]https://privacy.org.nz/tools/knowledge-b...
 o [2]https://www.hhs.gov/hipaa/for-profession...
 o [3]https://digitalguardian.com/blog/what-hi...
 
 
Ngā mihi
 
Investigations & Dispute Resolution Team, Wellington
Office of the Privacy Commissioner  Te Mana Mātāpono Matatapu
 PO Box 10094, The Terrace, Wellington 6143
privacy.org.nz   
 
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      From: Amy S Van Wey Lovatt (Account suspended)
      
    
    Dear Enquiries,
Thank you very much for your response. I did read that the PC would not investigate matters under foreign legislation. I really appreciate you sending me the links. It may be helpful to other organizations if these were included on your website.
Thank you again for your assistance.
Yours sincerely,
Amy S Van Wey Lovatt
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