The effect of the proposed national data protection regime on the health sector in Australia.

Abstract

The Commonwealth Government and a number of State governments are proposing to introduce legislation based on the Information Privacy Principles contained in the Privacy Act 1988 (Cwlth). This will allow individuals access to any personal information held on them by an organisation or person, including private practitioners, private health facilities and State government agencies. This article discusses this proposed legislation and its implications for the health sector. Although in the public health area patients can already gain access to their medical records through the use of the various Freedom of Information Acts and, in the case of Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposed data protection legislation will provide more than access rights to individuals. The effect of the proposed legislation on the private sector, where no obligation exists on the part of the doctor to grant a patient access to his or her records, will be substantial.