ABSTRACT

In some cases the custodian does not have the option to disclose identifiable information without consent because there are no exceptions in the legislation. However, there will be situations where obtaining consent is not possible or practical. For example, in a health research context some of the reasons why obtaining patient consent may not be practicable include:

1. Making contact with a patient to obtain consent may reveal the individual’s condition to others against his or her wishes. For example, sending a letter or leaving voice mails may alert spouses or co-inhabitants to a condition that they did not know the target individual had.