PCPD - The need to ensure that individuals are identified by the correct personal identifiers: the case of identification of new born babies

Date: 18 August 2009

The need to ensure that individuals are identified by the correct personal identifiers: the case of identification of new born babies

1.    Yesterday, the Hospital Authority (“the HA”) reported to the media the incident of attaching wrong leg bracelets with identifying particulars to two babies born on the same day, resulting in their being taken care of by the wrong mothers.

2.    According to the report, the bracelets in question were printed with the personal particulars of the mothers and attached to the wrists and legs of the babies for identification. For newborn babies, these are the first personal identifying particulars generated by the hospitals for the purpose of proper identification of the babies. Although only the names and personal particulars of the mothers are found in the bracelets, they are “personal identifiers” assigned by the hospitals to the babies for the purpose of uniquely identifying the babies. In the circumstances, they are “personal data” relating to the babies from which it is practicable for their identities to be ascertained. The misidentification of the babies causes grave consequences both to the babies and the affected families. It is therefore important that a high standard of accuracy be adopted.

3.    The Personal Data (Privacy) Ordinance (“the Ordinance”) protects the personal data privacy of all living individuals, including babies. Data Protection Principle 2(1) of the Ordinance provides that a data user shall take all reasonably practicable steps to ensure that personal data are accurate having regard to the purpose for which the personal data are or are to be used.

4.    The Privacy Commissioner has begun probing into this matter and will conduct a compliance check to examine the policies and procedures adopted by the HA for correct verification of the identity of new born babies so as to ensure that they are in compliance with the requirements of the Ordinance.

5.    The PCPD is currently waging a Campaign, the “Care for Patients – Protect Their Personal Data” Campaign for all HA staff. It aims to enhance awareness and knowledge of the protection of personal data. Other than face-to-face training seminars, different training tools, including pamphlet, display panels and online self-training module are used to enhance medical practitioners’ ability in protecting patients’ data. Below are some of the practical tips that are relevant to their everyday work provided in the pamphlet:

-    As patient wristbands contain important identification data, make sure they are tied to the correct patients.
-    To avoid accidental loss of patients’ data, policies governing the taking of patients’ data outside the precincts of a hospital should be formulated to ensure that extra-sensitive patients’ data (e.g. HKID numbers) should not be allowed to be taken outside the workplace.
-    Remember to log out after using electronic medical records.
-    Patients’ chart boards should be kept securely to avoid being seen by irrelevant parties.

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