Health Information Bill · As enacted · Part 2 · National Electronic Records System
41. Offences relating to derived information — requestors
Feedback & supportA requestor or an authorised individual of the requestor who, without reasonable excuse —
discloses any type 1 derived information obtained by the requestor in accordance with section 25, in contravention of section 27(3)(a);
uses any type 1 derived information in contravention of section 27(3)(b); or
fails to delete or destroy any type 1 derived information or copies thereof in contravention of section 27(3)(c),shall be guilty of an offence.
A requestor or an authorised individual of the requestor who, without reasonable excuse —
discloses any type 2 derived information obtained by the requestor in accordance with section 25, in contravention of section 27(5)(a);
uses any type 2 derived information in contravention of section 27(5)(b);
does any act or takes any step to identify or cause the identification of any individual from any type 2 derived information in contravention of section 27(5)(c); or
fails to delete or destroy any type 2 derived information or copies thereof in contravention of section 27(5)(d),shall be guilty of an offence.
A person convicted of an offence under subsection (1) or (2) shall be liable on conviction —
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both, unless paragraph (b) applies; and
if the person has a prior qualifying conviction — to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 4 years or to both.
In this section —
“authorised individual” of a requestor means an individual who is, or belongs to a class of individuals, specified in the approval granted by the Minister to the requestor in accordance with section 25(10)(b);
“qualifying conviction” means a conviction for an offence under subsection (1) or (2);
“type 1 derived information” and “type 2 derived information” have the meanings given by section 24.