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The confidentiality of patients' medical files will be tested in a $NZ12m (pounds sterling 4.5m) lawsuit against a government health agency. An Auckland general practitioner and 173 patients have lodged statements of claim in the Auckland high court against Health Benefits Limited alleging trespass to the doctor's surgery, invasion of privacy, breach of contract, and breach of copyright.
Health Benefits Limited is a publicly owned company run by the four regional health authorities. It was set up to administer government subsidies paid to general practitioners and other health professionals for health services provided to children and people on low incomes and for maternity services. The agency copied the files as part of an investigation into irregularities in procedures for claiming subsidies.
Chris McGuire, an Auckland lawyer, said that the patients had instructed him to take court proceedings because they were "affronted" by what had occurred. He said that they were concerned about a "reluctance to disclose exactly what had gone on in terms of authorisation" for the inspection. The court action claims that officers of the company did not have legal authority.
The police, who interviewed some of the doctor's staff, have referred the matter to the crown solicitor to decide whether charges are appropriate and if so what form they should take. Their investigations started after the company lodged a complaint alleging fraudulent claims. Police with a search warrant seized the patients' records from Health Benefits Limited. Concerns have also been raised about the independence of the police investigations because a company employee was allegedly present when the police interviewed one of the doctor's staff.