Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

Should a health service provider retain health information about an individual who has died?

The Privacy Act 1988 does not create privacy obligations in relation to the handling of health information of deceased individuals.

Whether a health service provider should destroy or retain that health information may depend on a number of other factors including the existence of State or Territory laws requiring the retention of the information for a definite period after the individual has died. Also institutional and professional bodies may have codes of conduct or practice relating to the handling of a deceased individualï¿½s health information.