Private (unless you say please?!?)

The following is a follow up account involving documentation of the as yet still unresolved Privacy Breach by ACC of my Sensitive Claim and some narrative of how I have attempted to cope with it.

From 23 October 2009 to 9 November 2009 I was ringing and emailing every other day to try to get someone to even just discuss the HUGE breach of my privacy, releasing my PERSONAL CLINICAL information to someone, and then having on-going email discussions with them regarding ME. (Please see my blog post from 26 October 2009 for exact copies)

Initially all I wanted (and didn't even comprehend would be difficult to obtain) was an apology regarding the BIG MISTAKE in not only releasing my information, but an acknowledgement that the clinical information was in fact incorrect, and also a fairly heartfelt assurance that my information (some of if you can imagine very, very personal) is in fact 'safe & secure' with ACC.

After phoning repeatedly, literally being on hold for hours, none of my emails about this being answered or the several from my therapist regarding this also going unanswered. On the morning of 9 November 2009 I finally got a call from a man called James who told me he was Kimberliegh O'hara's boss. I had spent OVER 2 HOURS that morning on the phone to Sensitive Claims/ACC trying to get someone who could speak to me regarding this Privacy Breach. Ms O'hara was there but would not take my calls, I had once again explained the situation to the operator, but they had no knowledge or understanding of what I was referring to and was 'not allowed' to give me their email address for me to forward copies (from ACC originally) of the emails clearly displaying the breach of privacy.
So when I spoke to James I said if he could email me an apology clearly acknowledging that my privacy had been breached when they responded to a private individuals email inquiry about me, and not only responded several times but also engaged in discussion passing on Clinical Information, and in addition to the apology an assurance that greater care would be taken with my personal information in the future. He assured me that he would do this. I was speaking to him on my mobile phone having just left my GP's office where I had been seeing her in a high state of distress trying to understand, cope and stay safe around ACC's mismanagement and unsafe practices around my treatment and care.
Below is the apology I recieved about an hour later.

"Apology‏
From: James Du Plessis (James.DuPlessis@acc.co.nz)
Sent: Monday, 9 November 2009 2:52:17 a.m.
To: Danielle
Cc: Selena Dominguez (Selena.Dominguez@acc.co.nz)

Dear Danielle,

Thank you for our discussion over the phone today. I do take on board your concerns regarding the disclosure of information to 'CONCERNED FRIEND' from 'CONCERNED FRIEND'S PLACE OF WORK'. 'CONCERNED FRIEND' wrote several emotionally charged emails to ACC regarding the perceived lack of care for you from ACC. He stated that he was greatly concerned for your well-being, which prompted us to respond accordingly. It was also noted that 'CONCERNED FRIEND' was cc'd in your emails sent to the Case Manager, and this provided contextual background to the subsequent reply.

We pointed out to 'CONCERNED FRIEND' that we have not been neglecting your care, which currently stands at 280 counselling sessions, and informed him that a Diagnostic and Treatment Assessment has been arranged so as to ensure your future treatment rehabilitation needs are being met. This was done within the context of his email to demonstrate that we were indeed concerned for your well-being and continued care.
I understand you are not happy with me telling him this, and for that I do apologise. We will ensure that no further details about your care be communicated to 'CONCERNED FRIEND'.

With regards to your ongoing treatment I can advise that your DATA report is currently being reviewed by our clinical peer review team. A communication with the outcome will be forwarded to you in the next few days.

Once again I do apologise if I have caused you any undue stress in my communications with 'CONCERNED FRIEND'.

Kind regards
James du Plessis
Project and Services Manager|ACC | PO Box 1426 | Wellington | New Zealand"

This sounded to me more like a justification than an apology, which didn't do much to assure me it wouldn't happen again, I know lots of people that work in the health sector does this mean if they email ACC with questions about me that they will be relayed information?
I was disappointed to say the least, I wasn't looking to crucify anyone personally. ALL I WANTED WAS TO KNOW THAT MY INFORMATION WITHEN THE SENSITIVE CLAIMS UNIT WAS SAFE. IF 'ACC' THINKS THAT IT'S OK TO EMAIL PRIVATE CLINICAL INFORMATION TO ANYONE WHO EMAILS THEM ABOUT ME THEN WE OBVIOUSLY HAVE DIFFERENT IDEAS ABOUT HOW MY INFORMATION IS MEANT TO BE HANDLED.
I was totally panicing and thinking that if my information is not safe there then what do I do, am I meant to request it all be removed from their possession.

So it was at this point that I realised that my simple request of acknowledgement of mistake and an apology was not something that seemed could be obtained by either myself or my therapist. The distress I was experiencing about this was quite intense and so I engaged a lawyer to try and get this sorted out, I guess if it had been something similar from my plumber I wouldn't have felt quite so anxious as I did about this organisation that held copies of therapist's notes, medical records etc, all pertaining to events and effects of the most shameful experiences in my life & my continuing journey of recovery.

This letter was sent by my lawyer in the last week of November:

"The Manager
Sensitive Claims Unit
ACC
PO Box 1426
WELLINGTON
Attention James Du Plessis
DANIELLE MARTIN

We have been instructed to act on behalf of Danielle Martin. We understand Danielle’s Case Manager is Selena Dominguez.

Ms Martin has instructed us that ACC (specifically Kimberleigh O’Hara and Selena Dominguez) have disclosed sensitive and personal information in relation to her care and treatment to a personal friend of hers, 'CONCERNED FRIEND', without her consent and then continued discussions with him following his response. 'CONCERNED FRIEND' clearly disclosed in the email that he was a personal friend of hers therefore there can be no confusion that he was acting in any other capacity.

We have also received the email from Mr Du Plessis to our client dated 9 November 2009 offering further reasons of why the information was disclosed. This is not acceptable. ACC has clear obligations in relation to the disclosure of personal information.

Accordingly, ACC has breached the Privacy Act and in particular information privacy principle 11. As you are aware, our client is a high risk client and this breach has caused her significant harm and distress.

Ms Martin instructs that she seeks an apology for the breach of her privacy. The email provided by Mr Du Plessis does not go far enough. Ms Martin requires a formal written apology directly to her from ACC acknowledging the wrongdoing in disclosing her personal information to a person who is not involved with her care or treatment plan without her authorisation. ACC is also required to apologise for the unnecessary stress and harm she has suffered as a result of this breach.

Our client also requires confirmation that no further personal information concerning her will be disclosed to anyone other than those professionals involved in her care and treatment without her formal consent.

If our client does not receive an appropriate apology, she will consider reporting this breach to the office of the Privacy Commissioner.

Please ensure the apology is sent to our office so we can provide this to our client."

There was also a paragraph added requesting as a show of good faith on ACC's part, considering my previous extended efforts at sorting this out myself if ACC contribute $500 toward my legal fees (trust me, only a portion of the costs).
My Lawyer received an email from Sue Walker (Branch Manager, ACC Sensitive Claims) acknowledging receipt of this letter on 11 December 2009.

Then I was forward the following from my lawyer (that they had received from ACC):

Dear 'DANIELLE'S LAWYER'
"Re: Danielle Martin
Thank you for your letter 04 December 2009, advising that you act for Danielle Martin. You advise in your letter that you wish for ACC to pay compensation for a breach of her privacy and also for legal costs in bringing this matter to ACC’s attention.
ACC takes its responsibilities regarding the security of personal information it has been entrusted with very seriously. Therefore, I would like to extend my personal apology for the breach of Ms Martin’s privacy by one of my staff.
Whilst ACC has accepted that there has been a breach of privacy the Privacy Act 1993 requires that you show how this breach has interfered with her privacy. The Act states that an action is only an interference with the privacy of an individual if, and only if it has caused loss, detriment, damage, or injury to that individual, or has resulted in, significant humiliation, significant loss of dignity, or significant injury to feelings.
Therefore, it would be helpful if you could outline the information that you consider to be at issue, how the release of this information has interfered with Ms Martin’s privacy, the effect it has had on her personally, and what you would consider to be an appropriate remedy.
I look forward to receiving your response in the near future.
Yours sincerely
Sue Walker
Manager of Sensitive Claims"

So now, if in fact you are still reading this incredibly long blog post, you will see that after much ado there has been some acknowledgement by ACC. In the meantime I am required to write some sort of document proving and showing and outlining the distress etc.
And I haven't been able to do it.

My Lawyer requested that the above email be sent as a hard copy letter, and signed. (just to show a wee bit of respect to me maybe)

This 'different version' was what came via my lawyer 2 weeks later:



Hopefully that is readable, I'm not sure how to make it any bigger on here.
The bit that upsets me the most in this document, apart from the fact Sue Walker didn't want to sign her name to the bullying words in the first 'email apology' from her, is "formally apoligise for the breach of privacy regarding disclosing information to a Provider that was a personal friend of yours". WTF??? So what that he works in the mental health field. Why after all this, weeks of me phoning Sensitive Claims in tears asking what was going on for them to deny that these emails they had sent even existed, and then for me to have to get a lawyer to ask for an apology, because I'm just some girl, or some woman, that they don't even have to return my calls, or answer my therapists emails about this issue, and then when there is FINALLY some sort of apology they still can't just be straight up about it AND want PROOF of 'damaged caused'.

A) I was not and have not had any therapeutic support to be able to do something like that safely.
B) By the end of December I realised that it didn't matter how much I believed what was going on with my Privacy, care and treatment decisions with ACC was wrong and unethical there was no way that I could pay any further legal fees to continue pursuing the matter in this way.

So is my information safe there?
Hopefully the auction I currently have on Trademe will end up being successful and I will be able to pay the remainder of the Legal bills I incurred just to get that acknowledgement.
This whole thing doesn't feel resolved for me, I still believe I should follow through with this process, and it has been something that I have touched base around with my (wonderful but overworked) Advocate (that I have had since the beginning of this year).
Why in such a difficult time has the organisation involved in my care added to the problem rather than wanting to be with me in the solution.
After a clear violatin of someone Privacy who would really ask a survivior of trauma to provide proof of difficulties associated with that Breach (knowing and being part of the reason that she currently then as now had no therapeutic-support).
Obviously it has been hard for me to prioritise writing the 'proof' ACC require when I am as depressed and alone with my nightmares as I am right now.

Just a girl, in the world, signing out.