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The My Health Records Act 2012 (Cth) (the Act) limits when and how health information included in a My Health Record can be collected, used and disclosed. Unauthorised collection, use or disclosure of My Health Record information is both a contravention of the Act and an interference with privacy.
Section 69 of the Act states that the Australian Digital Health Agency can only be required to disclose health information from a patient’s My Health Record to a court, coroner or other body except in very limited circumstances, including where the patient gives their consent.
The Agency has recently advised that, where patient consent has not been provided, it will apply to have any legal request (subpoena) set aside.
This information relates to My Health Records and does not concern health information held outside of the My Health Record system. More information on My Health Record can be obtained from the websites of the Office of the Australian Information Commissioner (www.oaic.gov.au) and the Australian Digital Health Agency (www.myhealthrecord.gov.au), including:
- Benefits of My Health Record for healthcare professionals; and
- Information for Healthcare Professionals, including General Practice, Pharmacy, Specialists, Allied Health, Pathology and Diagnostic Imaging and Aged Care.
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