17 April 2014

Claims ACC sent sensitive files

A news report from Radio New Zealand
The Human Rights Commission has received five complaints in the past two years about Accident Compensation Corporation files sent to prospective employers.
The commission on Wednesday said in at least one case, the file included sensitive claim information such as sexual abuse.
ACC's policy of forcing clients to sign a wide-ranging privacy waiver has been found in breach of the law.
The Dunedin District Court ruled on Monday that the controversial ACC 167 form was beyond the law and the corporation had no right to decline entitlements because a client would not sign it. The corporation had cut compensation to an unknown number of claimants for refusing to sign the waiver.
Christchurch Justice of the Peace and community board member Karolin Potter said she had been approached by two people at legal forums who told her they had had sensitive claim information sent to their employer by ACC.
"In response to employer's request for their ACC information, the ACC had sent out the entire file including sensitive claim material for sexual abuse in their past."
Ms Potter told Radio New Zealand's Nine to Noon programme on Wednesday both complainants said ACC told them it had no discretion to filter the information they provided to prospective employers.
ACC has issued a statement saying it does not send information about claims older than 10 years, mental injuries, declined claims, treatment injury claims or sensitive issue claims, without the client's express permission.
The corporation said it will disclose information only if it is required to help get a client into work, which is the purpose for which it was collected.
Council of Trade Unions' president Helen Kelly says people signing employment privacy waivers are in no position to negotiate its conditions.
http://www.radionz.co.nz/news/national/241780/claims-acc-sent-sensitive-files

© Radio New Zealand 2014

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