The Electronic Transactions Act 2002, the Privacy Act 1993 and also the Contract & Commercial Law Act 2017 all have important requirements relating to the use of electronic forms for data collection and for authorisation.
Legal advice provided to us supports that by the action of the patient (or parent/guardian) submitting the form they accept the method of collecting their information and also that the terms & conditions you specify is acceptable to them. However, YOU must satisfy yourself that use of these electronic forms allows you to meet your legal obligations before you start using this application. Incisive Software Ltd. does not accept any liability whatsoever arising from your use of the inFORM application.
The Electronics Transactions Act 2002 (section 22) stipulates that the legal requirement for a signature will be satisfied by an electronic signature if it:
Adequately identifies the signatory and the signatory’s approval of the relevant information;
Is as reliable as is appropriate given the purpose for which and the circumstances in which the signature is required; and
In the case of a signature on information that is required to be given to a person, that the person consents to receiving the electronic signature.
An “electronic signature” is any form of electronic medium to indicate acceptance of an agreement e.g. ‘I Agree’ checkbox, scanned image of ink signature, a typed name, even a voice signature.
The information that is entered into the form, by the patient, is encrypted and transmitted securely (using https and TLS protocols) so that it can be viewed, checked and imported into your Incisive database. Some configuration may be required on your server to allow the encrypted files to be received.
To ensure that it is the patient that is completing the form, an email is sent from either of Incisive’s SPM or PHM applications, which has a URL link to the online form. The URL link includes a unique, obfuscated patient identifier. The unique ID remains with the form and when it is completed and imported into SPM or PHM, the unique ID ensures that the information provided is linked to the correct patient. This almost eliminates the opportunity for anyone other than the patient (parent/guardian) to submit the form and for it to be assigned to the wrong patient.
The forms.incloud.clinic server is hosted in the Microsoft Azure Cloud Computing Platform and is located in Azure's 'Australia East' region.
No patient information is stored on the forms.inCLOUD.clinic server except during the process of transferring the XML file to it's final destination.