November 25 2002

A new health information privacy brochure, released today by the Federal Privacy Commissioner, clarifies Australians' privacy rights when it comes to their personal health information.

"More than 1000 people have called my office in the last five months to enquire about health information and privacy," said Federal Privacy Commissioner, Malcolm Crompton. "This represents about 12% of all calls to my Office and shows that people are very concerned about their health information.

"Health information is arguably the most sensitive personal information about us and it's vital that people are well informed on what privacy rights they have over it. The My Health My Privacy My Choice brochure gives people guidance in this vital area."

"All Australians have rights about how their personal information is handled and it's clear from the number of calls to my Office that we have some work to do as far as getting this message out to doctors and patients," said Mr Crompton.

On 21 December 2001 all Australians were given new privacy rights over personal information held by business with a turnover of more than $3 million and all private sector health service providers.

"Generally, under the Privacy Act 1988, people have the right to know who is collecting their information, how that information will be used and who has access to it. In the case of health information, this cannot be collected without the individual's consent, because it is particularly sensitive," said Mr Crompton.

"Australians also have the right to access their personal information held by private sector organisations (this includes health service providers such as your local GP), and correct it where the information is wrong. This is a significant right which Australians have been exercising, as it means they can get access to their medical records.

"The best way to protect your health privacy is to work directly with your health service provider in the management of your personal information" said Mr Crompton. "If you have a problem, talk with them about the issue, and try to resolve it there. If in doubt about your rights, consult the pamphlet, our website (www.privacy.gov.au), or call our Hotline on 1300 363 992. If you don''t get satisfaction, you can complain to my Office and we will work with you and the health service provider to resolve the complaint.

"I'm keen to get the word out, and my Office has been working with some major stakeholders in the Health sector to develop, and now, distribute the information. If you would like copies of the brochure, please call my Office, or access it on our website at www.privacy.gov.au/business/health#6.

The publication outlines:

• which health services are covered by the Privacy Act;
• what constitutes health information under the Privacy Act;
• the meaning of consent; and
• various scenarios showing consumers'' key rights in relation to collection, use and disclosure, and access to personal health information in the private health sector.