Current News

Case Note: Privacy and the Health Privacy Principles

The Victorian Civil and Administrative Tribunal found that the use of a person’s health information for the purpose of considering a request for clinical supervision and for the purpose of an intervention order proceeding did not interfere with the privacy of the applicant by breaching the Health Privacy Principles.

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New data breach notification laws

The Privacy Act 1988 (Cth) (Act) has been amended by the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (the amending Act). The amending Act introduces a mandatory data breach notification regime where an ‘eligible data breach’ occurs. The amendments will commence on 23 February 2018, unless they are proclaimed to commence earlier.

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Big Data and the Risk of Re-Identification

On 12 September 2016, researchers at the University of Melbourne alerted the Commonwealth Government that it was possible to re-identify ostensibly “de-identified” Medicare Benefits Scheme (MBS) data that had been released for public access and analysis. The MBS Re-identification Event attracted significant media attention, generated an Australian Office of the Information Commissioner (OAIC) investigation and resulted in the introduction of the Privacy Amendment (Re-identification Offence) Bill 2016 (Cth). The MBS Re-identification Event is a reminder of the importance of considering the privacy implications of big data analytics.

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Case Note: Privacy and Health Records

The New South Wales Civil and Administrative Tribunal found that certain hospital CCTV footage could be released under freedom of information legislation, despite public interest and privacy concerns, if the faces, heads, necks and any tattoos or other identifying marks of persons in the footage were pixelated.

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Case Note: Duty to Warn of Genetic Risks?

To what extent does a health service provider owe a duty of care to (third party) relatives of a patient who may be predisposed to a genetic condition? This is the question raised by ABC against the St George’s Healthcare NHS Trust, the South West London and St George’s Mental Health NHS Trust and the Sussex Partnership NHS Foundation Trust.

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ICT Procurement: tips and traps

Good technology is fundamental to your business. There are many ICT products on the market but often they are only as good as the relationships and contracts behind them. Entering into a one-sided supplier contract can significantly diminish your subsequent contractual rights and might leave you without compensation if the product or services fail to deliver. Developing your own suite of templates, or using a government template is always a good starting point as long as the procurement team have been trained in the use of the template.

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