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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