Privacy breaches and electronic communication: Lessons for practitioners and researchers.

Abstract

In the era of socially distanced clinical andmedical research practices, the use of electronic communication has flourished. The Australian Information Commissioner recently ordered a Victorian general practice to pay $16,400 in compensation following a breach of privacy. This is the largest award of compensation made by the Commissioner in the context of a medical or healthcare privacy matter. The practice had inadvertently sent an email containing sensitive information to an incorrect email address. The email included information concerning the human immunodeficiency virus status ofthe complainants. The aim of this article is to provide anoverview of this important case in Australian information and privacy law, which relates to the operation of an Australian general practice and research activity undertaken within thepractice context. In an era marked by a great increase in the use of electronic communication inthe medical setting, it is essential thatpractices both manage electronic communication well and respond appropriately when an error arises.