Privacy decision on health family history is common sense
The AMA welcomes the decision by the Privacy Commissioner to issue a fresh public interest determination covering the collection of family and social medical histories by medical practitioners and other health service providers.
This determination ensures that doctors can continue to collect third party health information that is relevant to a patient's family or social history without the family member having to give their consent.
Without this determination, collecting the information would potentially be a breach of the Privacy Act (1988).
AMA President, Dr Steve Hambleton, applied for the determination last year, as the previous determination was due to expire on 10 December 2011.
Dr Hambleton said today that the Privacy Commissioner has made a common sense decision because obtaining a family history can be a vital part of assessing and treating patients.
“The Commissioner found that there would be substantial public interest in exempting health providers from the operation of relevant provisions in the Privacy Act,” Dr Hambleton said.
The decision extends to all health service providers as defined under the Privacy Act and covers the period of 11 December 2011 to 10 December 2016.
It is anticipated that future reforms to the Privacy Act, which have been flagged by the Government, will see legislative changes that will enshrine this exemption on a permanent basis.
12 January 2012
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