Does my doctor always need my consent to share my health information with another health service provider for my treatment?

View printable version of this page

QUESTION: Does my doctor always need my consent to share my health information with another health service provider for my treatment?

ANSWER: 

No, your doctor doesn't always need your consent in these circumstances.

Health service providers in the private sector can generally use or share your health information for a treatment-related purpose, as long as you would reasonably expect it to happen.

Your expectations may be a combination of:

• what you've been told about how your information will be handled as part of consultations with your doctor, specialists and other health service providers,
• what an average person would expect to happen, and
• your own particular knowledge of the health sector.

Your expectations of how your health information might be handled by your doctor will partly be formed during your consultations, when your doctor discusses your treatment. 

For example, if your GP refers you to a specialist for a particular condition, it may be reasonable for you to expect that the doctor will share information with that specialist about your condition.  The specialist may also disclose information back to your GP so that your GP can continue to provide your care.

Another example might be that if you go into a hospital for an operation, your surgeon may share relevant information about you with the hospital's nursing staff, radiographer or anaesthetist, or other staff who may need to have your information to ensure your best possible care.  In this case, the information can be shared either because you consented to it, or where you would reasonably expect it to be shared in that way. 

If you're not sure who may see your health information, you should discuss this with your health service provider during your consultation. 

If you have reasonable objections to a certain provider seeing your health information, then usually these have to be respected.   Your objections might not be reasonable if you want a certain type of treatment that is dependent on another provider knowing the information.  For example, if you agree to seeing a specialist, it probably won't be reasonable to object to your GP sharing information that the specialist needs to treat you.

If you don't think that a doctor would have had reasonable grounds to share your health information, you do have rights to make a complaint.  Information on this is available at www.privacy.gov.au/privacy_rights/complaints/index.html#complaint.

Related FAQs

• What should a health service provider tell an individual when it collects health information from an individual?
• If an individual gives consent to medical treatment does this automatically imply consent to further use of their health information by the treating health service provider?
• Can a health service provider, like a private hospital, disclose a patient's personal information to chaplaincy, pastoral care, and similar services?