Health Commissioner funded for privacy role

The Health Services Commissioner will take on a key role in ensuring that agencies and professionals observe privacy requirements when handling sensitive health information.

Health Minister John Thwaites said the State Government would fund Health Services Commissioner Beth Wilson to take on extra staff to expand the role and handle any complaints arising from the new Health Records Act, which will come into effect in March next year.

The Government is now seeking community input on the range of fees which agencies will be able to charge people for a copy or summary of their records.

‘The Health Services Commissioner already has a key role in Victoria as the health industry watchdog and it is appropriate her role is extended to protect the interests of people under the Health Records Act.

‘The Health Records Act enshrines the Government's commitment on the right of access to information contained in medical records.

‘Privacy is paramount and the Act also ensures that public and private agencies cannot pass on personal health information about their clients for marketing or other improper purposes to a third party.

‘The Act guarantees people access to their personal medical records held by private organisations, including health professionals, insurers, gyms and employers.

‘In the event of a dispute over release of this information, the Health Services Commissioner will be able to intervene with a view to mediating a solution.’

The Health Records Act applies to traditional medical records about a person’s physical, mental and psychological health and extends to information about donation of body parts and genetic information that could predict the health of an individual or their descendants.

Until the Act was passed, people had no way to compel a private health professional or agency to supply them or another doctor with their medical history.

‘With the growth in the computerised transfer and storage of personal records, people need to be assured that their privacy is strongly catered for,’ Mr Thwaites said.

‘People are able to check the accuracy of health information held about them and ensure their current treating practitioner has their complete medical history.’

There are limited grounds for legitimate refusal of an access request, if information has been provided in strict confidence or where it poses a serious threat to the life or health of the applicant or any other person.

People who believe there has been ‘an interference in privacy’ of their information can apply to the Health Services Commissioner to conciliate or investigate the complaint.

If not satisfied they can seek a binding decision from the Victorian Civil and Administrative Tribunal.

If the breach is knowingly and flagrantly continued, the Health Services Commissioner can then issue a compliance notice and if ignored take the offender to court.

Draft regulations on maximum fees agencies can charge for copies or summaries of their health records will be released later this year for public comment.

• An issues paper is available at www.dhs.vic.gov.au/ahs/healthrecords seeking feedback from the community on fees.