VIC Privacy of pathology test results - right to delete

[michael3452]

If I do a test with a pathology lab, after they provide me with my results can I request them to delete all data they have on me (in such a way that they are obliged to do it)?

I tried to research this a bit online - on the one hand there seems to be Australian Privacy Principle 11 which says information should be destroyed once no longer necessary (something like that), but also I ran into some NPAAC (National Pathology Accreditation Advisory Council) saying they need to retain it for 7 years, but not sure in what cases this applies. Of course I may have missed other factors.

In case it matters, I am asking about a private lab, and tests done privately (without Medicare or any other health insurance), and results which do not pertain to any notifiable or infectious disease.

Thank you.

 

[Tim W]

Paternity, or something else?

 

[michael3452]

Not a paternity test. A blood test I am doing regarding my own health, but one which isn't regarding an infectious/notifiable disease. Also may be worth mentioning it is not a genetic test of any sort.

 

[Tim W]

OK. So why do you care if they keep the records or not?

 

[michael3452]

I find it difficult to answer that question without getting too personal. Is it essential that I answer that question?

 

[Tim W]

Essential? No. Not at all.
But you may get a more helpful commentary if we have some idea of what you're trying to conceal.

 

[Atticus]

If I do a test with a pathology lab, after they provide me with my results can I request them to delete all data they have on me

Sounds like you haven't done the test yet? .... If not you could ask the lab before proceeding, maybe seek a private lab that will agree to what you want.

Do you need the test to prove anything, like court for example? ... If so, that could add a layer of complexity

 

[michael3452]

Essential? No. Not at all.
But you may get a more helpful commentary if we have some idea of what you're trying to conceal.

First of all thank you for the interest in my question so far. I am trying to give information without getting too personal. I would say that it is the results of a blood test that I want to keep private. The test is not a genetic test, and not indicative of an infectious/notifiable disease. It is more difficult to explain why I want to do that without getting quite personal.
I am interested also in general, also with respect to past blood tests I've done, if I have a right to have that information about me deleted, so really in that sense it is a question about rights, about what my rights are. Ideally, if I do have that right, I'll just send a message to the lab, requesting the deletion, and if they at first refuse, I'll refer them to the relevant law, in case I do have that right.

If you feel this is too vague still, I'll try I guess to think how to explain the reason without getting too personal, but in any case in the end of the day when I communicate with the lab, I won't try to justify myself to them, but just to say what my request is, that I have the right (in case I do) to request that, and that's all.

Sounds like you haven't done the test yet? .... If not you could ask the lab before proceeding, maybe seek a private lab that will agree to what you want.

Do you need the test to prove anything, like court for example? ... If so, that could add a layer of complexity

I do not need the test results as evidence to anything - it is just to get information on my own health.
I have paid for the test so far but haven't completed it - cannot get a refund at this point.

In any case I am interested in the legal question. There is also another lab where I did do a similar test in the past - hard to really get straight answers from them - if I knew i had a legal right to have it deleted and could just refer them to the law I think that would facilitate things. I don't really want to speak to them in an assertive manner before I know what my rights are.

 

[Tim W]

...can I request them to delete all data they have on me

and

... (in such a way that they are obliged to do it)?

Well, sure, you can ask.
But they are free to decline your request, without having to give a reason.*
They are under no obligation to destroy their own property**
just because somebody wants them to.


---------------------------------------------
* Note that things like court orders etc, and post-acquittal destruction of materials
are not in question here.
** Yes, the testing gear and the results are the lab's property, just a doctor's notes are their property)

 

[michael3452]

and

Well, sure, you can ask.
But they are free to decline your request, without having to give a reason.*
They are under no obligation to destroy their own property**
just because somebody wants them to.


---------------------------------------------
* Note that things like court orders etc, and post-acquittal destruction of materials
are not in question here.
** Yes, the testing gear and the results are the lab's property, just a doctor's notes are their property)

Thank you for that message. Hope I can ask you a few more questions. Does Australia Privacy Principle 11 not give me a basis to request this though, in a way that has a legal basis? am I misinterpreting that it requires organisations to remove information about me once they no longer require it (which I'd guess could be interpreted as them no longer providing me with the service for which I gave them the information). If I am misinterpreting it, is this not how it works at all, or is the case of pathology labs a special case?