3/10/2001

Privacy Commissioner, Malcolm Crompton, today released the finalised Guidelines on Privacy in the Private Health Sector.

Mr Crompton said, "The Guidelines will help health service providers better fulfil their obligations under the amended Privacy Act (that comes in force on 21 December 2001). The Guidelines clarify the privacy rights and responsibilities of health service providers and consumers. They will assist health service providers including medical practitioners, allied health professionals, pharmacists, private hospitals and day surgeons, and traditional medical practitioners."

"Research conducted by this Office found that 84 per cent of Australians perceive health service providers as trustworthy in their information handling practices. However, health service providers need to be aware that our research also shows that Australians expect their personal information, especially their health information, to be managed in accordance with the National Privacy Principles," Mr Crompton said.

The health Guidelines will complement the good privacy practices already in place within the health sector and will help them further meet their requirements under the Privacy Act. People reading the Guidelines, however, should note that they are not law but a tool to aid in understanding the legislated requirements as set out in the Privacy Act 1988 and the National Privacy Principles within that Act.

The Guidelines are the result of an extensive consultation process involving a range of meetings across the country with health service providers and reflect the outcomes of major policy analysis conducted by this Office.

During the consultation process, which began in January 2001, we contacted over 1,225 health service providers, consumers and other key stakeholders. We directly invited organisations to comment on the guidelines, and through the media, and national advertisements, issued an open invitation to all Australians to also comment. The resulting interest in the health guidelines has been extremely high, with over 36,700 downloads of the draft guidelines from the Office website, and over 100 submissions received.

We have listened to our stakeholders and their contributions have assisted in delivering a document that should provide good privacy guidance that is relevant to the private health sector. I would like to thank peak industry and consumer representative groups for their hard work and genuine input to the process.

The finalised document should address the information needs of private sector health service providers and consumers while attending to the concerns of stakeholders. The revised guidelines are shorter than the initial version and better reflect the current communication flow between health service providers and consumers that currently takes place. The revised document also reflects the Office's thinking about interpretative issues raised in response to the draft guidelines released May 2001.

The Guidelines have been released earlier than we promised in order to help health service providers prepare to meet their new responsibilities.

Later in the year, to complement the release of the Guidelines, the Office will provide education and information resources to the Australian community, including information sheets on particular privacy issues. We will be running a continuous education campaign for business and other organisations.

"The Office will also look for partnership opportunities with industry and professional associations, who through the consultative process, have shown a good understanding and commitment to privacy. We encourage the development of their expertise in privacy. Next year our focus will shift to consumers. At all times, our website will carry the most current privacy advice and assistance available," said Mr Crompton.

"As I would expect with the implementation of any new legislation, there are still some issues in contention. We will continue to work in partnership with the health sector including providers and consumers to make sure we achieve the best privacy solutions for the Australian community and to build an Australian culture that respects privacy. It will take time for health service providers to come to grips with their new responsibilities, and we are here to help," said the Commissioner.

The revised guidelines and revised information sheets are on the Office website at www.privacy.gov.au/business.

Background

December 2000 - Privacy Amendment (Private Sector) Act 2000 passed.

January 2001 - Letter advising of process to develop guidelines to peak organisations and agencies.

March 2001 - Reference Group Privacy in the Private Health Sector convened.

May 2001 - Draft Guidelines on Privacy in the Private Health Sector issued for public comment.

July 2001 - Submissions on draft Guidelines on Privacy in the Private Health Sector close, consultations with key stakeholders continues.

October 2001 - Finalised Guidelines on Privacy in the Private Health Sector distributed and posted to OFPC website.

21 December 2001 - Privacy Amendment (Private Sector) Act 2000 comes into force.

Research commissioned by the Office showing the importance of privacy to the Australian community is available on the office website at

The Guidelines on Privacy in the Private Health Sector are on the Office website at

The revised guidelines are on the Office website at http://www.privacy.gov.au/business.

The Information Sheets are on the Office website at http://www.privacy.gov.au/business.

Research commissioned by the Office of the Privacy Commissioner showing the importance of privacy to the Australian community is available on the office website at http://www.privacy.gov.au/research.