[LINK] "Medibank wants to give health advice and your My Health Record would help"

[Bernard Robertson-Dunn]

On 23/08/2018 9:15 AM, Christian Heinrich wrote:
> [ADHA] "did not respond to a question about whether a health fund with
> a member's consent and with the purpose of providing health advice,
> could access that person's My Health Record." to quote
> https://www.smh.com.au/healthcare/medibank-wants-to-give-health-advice-and-your-my-health-record-would-help-20180821-p4zyqy.html
>
> Related to the http://mailman.anu.edu.au/pipermail/link/2018-July/105428.html
> thread about NIB too.

If a member gives their consent, then it is lawful for anyone to see an
individual's My Health Record.

This is from the My Health Record legislation. The new bill does not
change this:

"66  Collection, use and disclosure with healthcare recipient’s consent
    (1)    A participant in the My Health Record system is authorised to
disclose for any purpose health information included in a healthcare
recipient’s My Health Record to the healthcare recipient.
    (2)    A participant in the My Health Record system is authorised to
collect, use and disclose for any purpose health information included in
a healthcare recipient’s My Health Record with the consent of the
healthcare recipient.
67  Collection, use and disclosure by a healthcare recipient
        A healthcare recipient is authorised to collect, use and
disclose, for any purpose, health information included in his or her My
Health Record."

A "participant" is essentially a health care provider, or the System
Operator (ADHA).

66 (1) says a recipient can get at all data
66 (2) says that, if a recipient gives their consent, all data can be
given to anyone.

67 says that a recipient can do what they like with their own
information in My Health Record.



IANAL

-- 

Regards
brd

Bernard Robertson-Dunn
Canberra Australia
email: brd at iimetro.com.au
web:   www.drbrd.com
web:   www.problemsfirst.com