Dear Accident Compensation Corporation,

https://www.fyi.org.nz/request/3340/resp...

1. In the abovementioned letter on page 5 in the third paragraph it is stated that ACC staff are guided by "principles in how we use a client's authority" including "returning or destroying records received and not asked for."

I am requesting that I be provided with a copy of the document that contains the aforementioned policy, guidelines or principles.

2. If the ACC were to receive personal health information not asked for - in other words "unsolicited" information - about a client in circumstances where that client had not given their consent or authority (by way of signature) to the ACC 45 claim form, would it be ACC policy to then refuse a request from the client for the "unsolicited" information to be returned to him/her?

3. In the abovementioned circumstances and where the ACC may have assured the client that the "unsolicited" information has not been used to asses the client's claim for cover, would it be ACC policy to add the "unsolicited" information to the client's claim and party file records in the ACC's EOS system which can then be read by Branch Medical Advisors, managers and staff of the ACC who give "opinions" and make decisions about claims for cover?

4. In the abovementioned circumstances, and where the client has complained to the ACC about the refusal to return the "unsolicited" information, would it be ACC policy to assure the client that it has removed/deleted the "unsolicited" information from the client's claim and party file records in the ACC's EOS system, only to subsequently advise the client that because the "unsolicited information" has been attached to correspondence it has to be retained as an "administrative record" for reasons that the ACC is subject to the Public Records Act 2005 and Health (Retention of Health Information) Regulations 1996?

5. In the abovementioned circumstances, and where the ACC may have advised Fairway Resolution Limited in writing that the "unsolicited" information will not be used in association with any of the client's claims, it has been removed from the claim file, and should not be used in any of the reviews, would it be ACC policy to subsequently tell the client that the ACC has changed its mind and not only has a Branch Medical Advisor been given access to the "unsolicited information" but has also given an "opinion" about same?

6. What can an ACC client do in similar circumstances as those described above to ensure that the ACC returns the "unsolicited" information to him/her?

7. What can an ACC client do in similar circumstances as those described above to ensure that all copies and references to the "unsolicited" information are removed/deleted from the client's claim and party file records, the ACC;s "administrative records", and the Branch Medical Advisor "opinions"?

Yours faithfully,

Lee M.

Dear Government Services,

Thank you for replying, however, my requests have not been satisfied and I strongly disagree with grouping responses together and I believe that this tactic is being used by the ACC to avoid needing to answer my individual questions.

You have not answered question 2 and I am rephrasing it below:

Question 2 - part 1:
If the ACC were to receive personal health information about a claimant that it had not requested from the information provider, would the ACC refuse a request from the claimant asking for the "unsolicited" information to be returned to him/her?

Question 2 - part 2:
Does the ACC have a policy, procedure, guideline or rule that addresses the issue of the ACC receiving "unsolicited" information, and does that policy, procedure, guideline or rule instruct management and staff how to deal with the "unsolicited" information? If both or either of the aforementioned applies, please provide me with a copy the policy, procedure, guideline or rule.

Yours sincerely,

Lee M.

Dear Government Services,

In addition to the reply already posted, and as a new, separate information request;

You have advised me that "ACC can collect information on individual clients for the purpose of managing their ACC claims". Please advise me what authority and/or consent allows the ACC to do legally do this?

Yours sincerely,

Lee M.