13 December 2007

The Australian Privacy Commissioner, Karen Curtis, has made two ''Public Interest Determinations'' to continue to allow health service providers to collect health information from patients about their family medical history without seeking the family members'' consent. The information can only be collected where relevant to the patient''s condition or family, social or medical history.

''Important factors in my decision to make these Determinations were that this is a widely accepted practice, and that optimal patient care may not be possible if health service providers are required to seek third parties'' consent before collecting relevant information,'' said Ms Curtis.

''I believe that allowing this practice to continue will promote better individual and public health outcomes.''

In practice, the Determinations could, for example, allow a GP to check with a patient whether any members of their family have an inheritable condition, or if a household member has a contagious illness.

The Determinations also clarify that health service providers can collect third party health information from a person ''responsible'' for the patient, when the patient is incapable of giving the information themselves.

The Determinations were made in response to an application in August 2007 and replace previous ones on this issue operating since 2002 which are due to expire this month. The new Determinations follow an extensive public consultation process by the Office of the Privacy Commissioner in which the views of both health professionals and members of the public were sought. The Determinations have been lodged with the Federal Register of Legislative Instruments, and will be subject to Parliamentary scrutiny and disallowance.

Ms Curtis has confirmed that the Determinations would not negatively affect the level of privacy protection afforded to Australians and their personal information.

''I am confident that the personal information collected by health service providers will continue to be safeguarded, both through the other Principles in the Privacy Act and through professional duties of confidentiality.''

In submissions to the Australian Law Reform Commission''s review of privacy, the Commissioner has said that the Privacy Act should be amended to permanently permit these practices, removing the need for further Determinations.

The Determinations, including the Commissioner''s Statement of Reasons, are available on the Office''s website at http://www.privacy.gov.au/materials#P.