DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

NZ: HC overturns BSA privacy decision

Posted on March 16, 2008October 24, 2024 by Dissent

Steven Price writes in the Media Law Journal:

Last August, the BSA upheld a complaint from Dr Stephanie du Fresne, the medical director of a mental health clinic, about an interview with one of her committed patients conducted without the clinic’s knowledge. TV3 News interviewed the woman about her electric shock treatment, which she didn’t want. The story revealed that she was bipolar and manic depressive. She said she suffered night terrors and had attempted suicide twice because of fear of the treatment. Her husband supported the treatment, and was seen on the programme trying to stop the interview. But the woman seemed lucid and in control; she overrode her husband.

There’s no doubt the programme revealed private, personal details about her, and that without informed consent, the broadcast of such details was highly offensive. But did she give informed consent? TV3 said yes. She seemed to know what she was doing. Her lawyer supported her. There was some evidence that, even after her release, she did not regret the interview. “Informed consent” was a judgment to be formed by journalists, not doctors. It felt that the patient had the right to speak out against her treatment.

Dr Du Fresne said no. The clinic’s medical judgment was that she was not capable of giving informed consent. They told TV3 this when they became aware of the upcoming broadcast. TV3 got no second opinion. It ran the story, but broadcast Dr Du Fresne’s view about her incapacity.

Du Fresne complained to the BSA, which upheld the complaint… but the High Court disagreed.

Read more – Media Law Journal


Related:

  • JFL Lost Up to $800,000 Weekly After Cyberattack, CEO Says No Patient or Staff Data Was Compromised
  • Massachusetts hospitals Heywood, Athol say outage was a cybersecurity incident
  • Heritage Provider Network $49.99M Class Action Settlement
  • Integris Health Agrees to $30 Million Settlement Over 2023 Data Breach
  • They were victims of a massive data breach in 2009. Interior Health denied it for a decade.
  • Watsonville Community Hospital had a data breach -- or two. It would be helpful to know which.
Category: Health Data

Post navigation

← E-medicine: It has strong devotees, but privacy issues slow growth of valuable programs
California bill aims to open medical records →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
  • End of the game for cybercrime infrastructure: 1025 servers taken down
  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • As shoplifting surges, British retailers roll out ‘invasive’ facial recognition tools
  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.