14 February 2002

"I am currently working with private sector health providers and consumer groups to ensure that taking family medical histories as a part of medical treatments is properly authorised under the Privacy Act 1988" said Mr Crompton, Privacy Commissioner, as he announced receipt of an application for a Public Interest Determination on the issue.

"ACHA Health has lodged an application with me that such a determination be made," said Mr Crompton. "Currently, there are some elements in relation to the taking of family histories that could be restricted by the Privacy Act, however I am taking steps to ensure that this practice can continue by using other provisions in the Privacy Act. Where an organisation has a practice that is likely to breach the privacy act, but that practice is in the public interest, I can issue a Public Interest Determination allowing that practice to continue."

Mr Crompton noted "I fully appreciate the importance of family medical histories to medical treatment, indeed I issued a temporary Public Interest Determination as soon as the private sector provisions of the Privacy Act came into effect. This ensures that health service providers can continue to take family histories as part of medical treatments while my Office undertakes investigations into the need for and potential wording of a permanent determination.

The Privacy Commissioner advised that "My Office has been in discussion with a number of health consumer representatives, health service providers and industry peak bodies regarding this issue, and we will be seeking submissions on a permanent Public Interest Determination in the near future.

"My office is in the business of working in partnership with consumers and organisations to find privacy solutions", said the Commissioner.

The application from ACHA Health can be viewed at: privacy.gov.au/materials/types/download/8601/6454, and the temporary Public Interest Determination can be viewed at: privacy.gov.au/publications/tpid2001_1med.pdf.

Note: The Privacy Commissioner has also received and is considering two further applications for Public Interest Determinations:

1. from the Australian Government Employees Superannuation Trust (AGEST). AGEST is concerned that the practice of using and disclosing a Commonwealth identifier, the Australian Government Service number in the management, processing and allocation of superannuation contributions remitted by Commonwealth and Act agencies and departments to their employee's superannuation funds may breach the National Privacy Principles. AGEST's application raises issues of an urgent nature. The Privacy Commissioner, Mr Malcolm Crompton, has made it the subject of Temporary Public Interest Determination 2001-2, as well as a determination giving general effect to Temporary Public Interest Determination 2001-2.

   The Temporary Public Interest Determination can be viewed at: privacy.gov.au/materials/types/download/8962/6716

2. from the Commonwealth Director of Public Prosecutions (CDPP). The CDPP is seeking to disclose certain case files to the Australian Institute of Criminology (AIC) for the purpose of research into serious fraud related offences. CDPP considers that such disclosures would ordinarily breach the Information Privacy Principles. Under the proposal, an AIC officer would view 28 CDPP files, recording statistical data for use in the research study. Initial public submissions are sought on this matter by the Privacy Commissioner by 27 February.

   More details on this application can be viewed at: privacy.gov.au/materials/types/determinations?sortby=55#3

Interested parties should contact the Office of the Privacy Commissioner hotline for more information at:

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