[LINK] My letter to the local paper

Paul Brooks pbrooks-link at layer10.com.au
Wed Jul 25 10:23:56 AEST 2018

'shared health record' is what I have a problem with. I don't want a 'shared' health
record, I want a MY health record. Seems the department has forgotten what the word
'my' means.
For MY health record, the only people who should have access to it is me, and my
chosen doctor. Not other institutions, not any old hospital, not the police, not ASIO.

MY health record should be protected as my paper record held at my doctors surgery
are, under doctor-patient confidentiality, with similar level of protection against
disclosure to ANYONE as legal privilege. Last time my doctor wanted to speak to
another doctor and disclose how I was being treated, he called and asked for my
explicit permission for that particular disclosure for that particular treatment at
that particular time.

This system does not provide those protections, or time-limited one-time-only access
permissions, or even a reasonable audit-trail (it logs to institution level, the first
time they look. Not down to user-level, and not (as I understand it) anything after
the first access.)

And certainly not :
> 70  Disclosure for law enforcement purposes, etc.
>              (1)  The System Operator is authorised to use or disclose health
> information included in a healthcare recipient’s My Health Record if the System
> Operator reasonably believes that the use or disclosure is reasonably necessary for
> one or more of the following things done by, or on behalf of, an enforcement body:
>                      (a)  the prevention, detection, investigation, prosecution or
> punishment of criminal offences, breaches of a law imposing a penalty or sanction or
> breaches of a prescribed law;
>                      (b)  the enforcement of laws relating to the confiscation of
> the proceeds of crime;
>                      (c)  the protection of the public revenue;
>                      (d)  the prevention, detection, investigation or remedying of
> seriously improper conduct or prescribed conduct;
>                      (e)  the preparation for, or conduct of, proceedings before any
> court or tribunal, or implementation of the orders of a court or tribunal.

The 'protection of the public revenue' clause in the Telco Act was how local councils
authorised telephone call record metadata collection without warrants or police
involvement for tracking stray dogs and pursuing overdue library books.  I do not want
local councils having blanket authorisation to access my health record to see if I
really have a condition worthy of the disabled sticker on my car, if I had one.


On 24/07/2018 1:43 PM, Jim Birch wrote:
> You might not state it explicitly but there a basic implication that MyHR
> is bad and we're better off without it, isn't there?  Maybe I'm misreading
> and you're in favour of a shared health record but against some aspects of
> the implementation?  In the circumstances you might say so because it is
> rather misleading if you don't.   (And at times like this, every bit of
> sanity helps.)
> Jim
> On Tue, 24 Jul 2018 at 13:21, Karl Auer <kauer at biplane.com.au> wrote:
>> On Tue, 2018-07-24 at 11:12 +1000, Jim Birch wrote:
>>>  "To avoid that risk, you might consider pointing out errors and
>>> untruths specifically and explicitly."
>>> Sure: what are the specific actual harms that have occurred
>> That is not pointing out an error, that's asking a question. Not a bad
>> question, just an irrelevant one.
>> My concerns are valid even if there has been no harm done yet. "Look, a
>> tidal wave! Run away!" "Nah, nothing's happened yet..."
>> You have not yet provided a single actual counterargument. Just some
>> reasons why you think My Health Record is a good thing, plus the odd
>> insult.
>> Once again: Did I make any untrue statements in my "letter to the
>> paper"? If so, which ones and how are they untrue?
>> Regards, K.
>> --
>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>> Karl Auer (kauer at biplane.com.au)
>> http://www.biplane.com.au/kauer
>> http://twitter.com/kauer389
>> GPG fingerprint: A0CD 28F0 10BE FC21 C57C 67C1 19A6 83A4 9B0B 1D75
>> Old fingerprint: A52E F6B9 708B 51C4 85E6 1634 0571 ADF9 3C1C 6A3A
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