New privacy rules effective May 1 this year, require medical professionals to disclose to patients when they receive information about them from third parties like family members or neighbors. The Privacy Amendment Act 2025 has introduced these notification requirements, creating significant operational challenges for general practitioners who rely on such input to assess patient safety, particularly among older drivers.
Privacy Amendment Act impact on GP assessments
Katikati GP Dr. Vicky Jones says the new law creates an obligation to inform patients about the nature of unsolicited information. According to Jones, this change was likely an unintended consequence of the legislation, as it complicates the clinical process of evaluating fitness to drive. “If a third party gives me unsolicited information, I have to tell the patient what that was,” Jones explained. When information arrives via email, she notes she cannot “unsee” it, forcing a disclosure that may strain doctor-patient trust. To manage this, Jones now attempts to warn third parties of these privacy implications before they share concerns, asking them if they still wish to proceed knowing the patient will be notified.
Managing the increase in older drivers
The requirement to balance patient privacy against safety is increasingly relevant as the number of older drivers grows. Over the last decade, the population of New Zealand drivers aged 75 and over has surged by 53%. Currently, more than 11,000 people in their nineties hold a valid driver’s licence. GPs are responsible for assessing these drivers during mandatory medical checks at ages 75, 80, and every two years thereafter. Dr. Jones notes that while third-party information is often “really helpful” for identifying patients who lack insight into their own cognitive or physical decline, the new notification mandate makes obtaining that information more difficult.
Regulatory exceptions and clinical judgement
The Privacy Commissioner’s Office states that while health agencies must take reasonable steps to explain what information has been collected and why, they are not required to tell patients who provided information about them. A spokesperson for the office indicated that GPs should continue to use their clinical judgement, noting that it may be appropriate to raise concerns generally to protect the source. Furthermore, exceptions exist where notification would create a serious threat to life or health, or where it would prejudice the purpose of the information collection or the patient’s interests.
Independence for older drivers
For many, such as 98-year-old Olwyn McDonagh, the driver’s licence remains a critical tool for maintaining independence. McDonagh, who has held her licence for over 60 years, relies on driving to attend medical appointments and complete her own shopping. Despite feeling nervous about undergoing an on-road driving assessment, she passed the test and holds a licence valid until she turns 100. She manages her safety by avoiding night driving and poor weather, emphasizing that keeping her skills practiced is essential to her daily life.
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