PERIOPERATIVE

PAPARAZZI

Management of

Digital Images in

Operating Theatres

Richmond Network Surgical Services

Perioperative Nurse Educator

Vanessa Tyler

PERIOPERATIVE

PAPARAZZI

PERIOPERATIVE

PAPARAZZI

Objectives Define digital management

Legal obligations

Ethical considerations

Raise awareness

The turning point Case scenario

Digital Data What is it?

What equipment?

YES

NO

Scope

Who can do it?

Who can’t do it?

What consent is required?

Consent LHD Policy Clinical Imagery Management

(Northern NSW & Mid North Coast)

Informed

Specific

Freely given

Capacity

Timely

De-identified information is exempt

from privacy law

Consent or no Consent??

Primary purpose

Disclosing information for the purpose of which it was collected

E.g. consent not required if

Subpoena or search warrant

In emergency situations

Secondary purpose

The pt would reasonably expect the disclosure

Training and education (limited without consent)1

Classifications What does de-identified mean?

Classifications

Identified or de-identified?

‘any information or an opinion about a

person whose identity is apparent or can

reasonably be ascertained from the

information or opinion’

Privacy and Personal Information

Protection Act 1998 (NSW)

Classifications

Classifications

Examples of special consideration

Images of children

Images for publication

Responsibilities

Coverage of Privacy laws extend up to 30 years passed

death

Privacy Manual for Health Information 2015 NSW Health

Privacy Act 2014

Health Records and Information Privacy Act 2002

Government Information (Public Access) Act 2009

Privacy and Personal Information Protection Act 1998

Code of Conduct PD2012_018 NSW Health

Health Administration Act 1982 Information cannot be disclosed unless:

Consent to release of information

Where disclosure of information is required (Administration)

Release for legal purposes (subpeona)

Other ‘lawful excuse e.g. assisting police in court proceedings

Statutory Privilege

RCA not compelled to give evidence obtained in investigation

(except final report)

Health Records Information Privacy Act 20023 (NSW) or Freedom of

Information

Medical Record How do you document it?

SharePoint Portal

Naming Convention Heading in progress notes ‘Clinical Imagery’

Date, time & service

Purpose of the image

Type of device used e.g camera/video

Number of images

Name of electronic storage i.e. Clinical Imagery SharePoint portal

If the image is shared with another clinician, date & time of transmission

Signature, name & designation

Naming Convention

ImageLastnameFirstnameMRNSiteYYYY-MM-DD (SS).jpg

lacerationBloggsJohn679347rightforearm2015-06-16 (1/3).jpg

Clinical Imagery Management in

Operating Theatres Image captured without consent? What next?

Sensitive cases?

Possible Future Direction Picsafe https://picsafe.com/medi

Clinical Imagery Management in

Operating Theatres

Once you transfer an image it belongs to the Medical Record

& can be accessed in accordance with the Health Record &

Information Policy.

Written consent for children.

Written consent for all education & training purposes.

QUESTIONS?

References 1. Privacy Manual for Health Information 2015 NSW Health

2. Privacy Act 2014

3. Health Records and Information Privacy Act 2002

4. Government Information (Public Access) Act 2009

5. Privacy and Personal Information Protection Act 1998

6. Code of Conduct PD2012_018 NSW Health

7. Privacy and Personal Information Protection Act 1998 (NSW)

8. Code of Conduct PD2012_018

9. Clinical Imagery Management Policy. Document ID: NC-AREA-POL-6987-13. MNCLHD & NNSWLHD. Sept 2013

10. Health Administration Act 1982