The co-regulatory approach offered by the legislation allows for flexibility in how organisations (including health service providers) deal with their privacy obligations, while ensuring standards apply to the protection of personal information, including health information. The legislation recognises the particularly sensitive nature of health information, and places extra protections around its handling, including enforcement mechanisms to deal with breaches of the privacy standards.

In the private health sector, the legislation will complement the existing culture of confidentiality that is fundamental to many health service providers’ professional practice obligations.

The legislation, through its ten National Privacy Principles, promotes greater openness between health service providers and consumers regarding the handling of health information. The legislation introduces, for instance, a general right of access for consumers to their own health records, and requires health service providers to have available documentation that clearly sets out their policies for the management of personal information.

Clear and open communication between the health service provider and health consumer is integral to good privacy. This document recognises that when such communication occurs, then ordinarily, many of the privacy obligations of health service providers will be met. When providers are open about the health information they hold, and how they use and disclose it, surprises are unlikely and with fewer surprises there are likely to be fewer complaints.

The recent research on community attitudes toward privacy, conducted by the Office, shows the importance Australians place on controlling their health information, even when used in relation to their treatment.

The guidelines acknowledge that the health service provider’s principal concern is the health care of the patient. The Privacy Act realises individuals’ wishes to have their privacy protected. Therefore, the guidelines aim to assist health service providers to meet their obligations under the National Privacy Principles while providing treatment and care.

The document aims to assist the private health sector in better understanding the application of the National Privacy Principles to its business and services. The document is supported by Information Sheets on the application of the Privacy Act in a number of other areas. These are available on the Office’s website at www.privacy.gov.au. Health service providers are also advised to refer to information and advice on privacy from their respective professional bodies.

Source and Full Article: http://www.privacy.gov.au/publications/hg_01.html