Media Release: National consistency needed in health privacy law, says Privacy Commissioner

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8 March 2007 

The Privacy Commissioner, Karen Curtis, has called for the Privacy Act to ‘cover the field' in regulating health service providers in the private sector. 

"At present, private sector health service providers can have privacy obligations under both State and Federal laws, which can create significant confusion for consumers and the providers themselves," said Ms Curtis.

"Consumers can be confused about where they should go to resolve issues about the handling of their health information. Providers can be uncertain about their obligations and the privacy standards they have to meet. 

"The Privacy Act has generally met individuals' expectations regarding the handling of their health information, so I am recommending that it, to the exclusion of other privacy laws, be applied to all private sector health service providers, regardless of size or locality.

"This would create optimal privacy protection for people's health information and help to clarify health service provider obligations." 

The Privacy Commissioner notes that State and Territory public sector health service providers will still be covered by relevant State or Territory privacy legislation.

The recommendation was made as part of Ms Curtis' 474-page submission to the Australian Law Reform Commission's Review of Privacy, in addition to proposals relating to areas such as technology and telecommunications. 

Other health-related proposals in the submission include:

• Adopting a single set of proposed privacy principles for the public and private sectors, incorporating health-related protections.
• Amending the Privacy Act to clarify the obligations of health service providers when a provider ceases to operate, retires, dies or simply moves to another location, or where patients want their medical records transferred to another provider.
• Harmonising sections 95 and 95A of the Privacy Act covering the use and disclosure of people's health information for health and medical research without consent.
• In relation to carers, providing more explicit reference in the Privacy Act to dealing with a person's representatives when they have reduced capacity or a decision-making disability.

For further information see www.privacy.gov.au/publications/alrc280207.html 

For media comment, contact 0407 663 968