This part of the Privacy Commissioner's website provides answers to questions frequently asked of the Office of the Privacy Commissioner. If you have a question you would like us to answer please send it to privacy@privacy.gov.au.

Private Health Sector: Access to health information

Private Health Sector: Charging for access to health information

1. Can an organisation charge an individual a fee for providing access to the individual's medical records and how much should that fee be? Answer
2. I think my doctor is charging me too much to give me access to my medical records. What can I do? Answer
3. Can my health service provider waive or discount the cost of providing access if I can't afford it? Answer

Private Health Sector: Correction of health information

1. What is a health service provider required to do when an individual asks for his or her medical records to be corrected? Answer

Private Health Sector: Handling of personal health information

1. What should a health service provider tell an individual when it collects health information from an individual? Answer
2. What privacy concerns should health service providers be aware of when providing health services to individuals in places such as pharmacies or waiting rooms? Answer
3. If I am injured and unconscious, can my doctor share my health information with my loved ones? Answer
4. I am responsible for someone who lacks capacity to make decisions. Can their doctor share their health information with me? Answer
5. Does my doctor always need my consent to share my health information with another health service provider for my treatment? Answer
6. 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? Answer
7. Can a health service provider, like a private hospital, disclose a patient's personal information to chaplaincy, pastoral care, and similar services? Answer
8. Can my health information, when held by a private sector organisation, be used without my consent for research, the collection and analysis of statistics or for health service management? Answer
9. Can a private hospital use or disclose my health information for its own business or management purposes without my consent? Answer
10. Can a health service provider disclose personal health information it has collected to an accreditation agency during health service accreditation processes? Answer
11. What should an organisation do with the health information it no longer uses? Answer
12. Which privacy issues need to be considered when the business circumstances of a health service provider change? Answer
13. Should a health service provider retain health information about an individual who has died? Answer

Genetic information

1. Can my doctor share my genetic information without my consent? Answer
2. I received a letter from a doctor which says I might be at risk of inheriting a genetic disease. How did the doctor get my contact details? Answer

Private Health Sector: Use of the Medicare number

1. Are there restrictions on how the Medicare number can be handled by health service providers? Answer
2. Can private sector health service providers use the Medicare number (or other Commonwealth government-assigned identifiers, such as the DVA number) for their own purposes, including for managing their clients' health records? Answer

Private Health Sector: Other

1. Does an individual always have to give their name when seeking a service from a health service provider? Answer
2. Are counselling services offered by charitable and welfare organisations subject to the new private sector provisions of the Privacy Act 1988? Answer
3. How does a health service provider proceed when they have privacy obligations under the Commonwealth Privacy Act 1988, as well as under State or Territory privacy law and/or their profession's ethical code of practice? Answer
4. Who are the Guidelines on Privacy in the Private Health Sector for? Answer

Healthcare identifiers

1. What is an individual healthcare identifier? Answer
2. What information will be held in the HI Service database? Answer
3. Is my IHI an electronic health record? Answer
4. How will my IHI be used in my eHealth record? Answer
5. Will an IHI affect how my health information is handled? Answer
6. What can my healthcare identifier be used and disclosed for? Answer
7. Is my healthcare identifier safe? Answer
8. What do I do if I think someone has inappropriately handled my IHI? Answer
9. Do healthcare providers need my consent to collect my healthcare identifier? Answer
10. Will I still be able to access healthcare anonymously? Answer
11. Am I able to access information that the HI Service holds about me? Answer
12. Where can I get further information about healthcare identifiers? Answer

Commonwealth and ACT Government Agencies

1. Can my personal information, when held by a Commonwealth government agency, be used without my consent for medical research purposes? Answer

About the FAQs

Responses to FAQs are based on the Office's understanding of how the Privacy Act works. The responses apply to the various privacy provisions and principles in a given situation and may help individuals, agencies, organisations and community groups in similar circumstances to reach a privacy solution.

Our responses to these questions are advisory only and not legally binding. You may need to seek separate legal advice on the application of the Privacy Act to your particular situation.

Nothing in an FAQ response limits the Privacy Commissioner's ability to investigate complaints under the Privacy Act or to apply the Information Privacy Principles or the National Privacy Principles in the way that seems most appropriate to the facts of the case being dealt with.

You may also wish to consult the Privacy Commissioner's guidelines and information sheets.