HISA Comments on the Law Reform Commission Report – Especially on Health Information Privacy.

The following was released today (12 August, 2008)

MEDIA PRESS RELEASE – For immediate release.

“Australia Health Informatics Society ready to tackle the New Privacy laws”

The Health Informatics Society of Australia (HISA) welcomes the release yesterday of the report that recommends review of our outdated Privacy laws.

The Australian Law Reform Commission has produced nearly 3000 page report over three volumes that address the need to update Australia’s complex Privacy laws originally drafted 20 years ago. Predating the modern Internet and having no concept of many of today’s technology such as the now widely used RFID wireless chips commonly found on consumer products; the existing laws allow for misinterpretation compounded by the fact that State and Federal plus the Public and Private sectors all differ.

“Now we are entering the age of the ubiquitous Electronic Health Records the need to address this is of paramount importance” said HISA’s President, Dr Michael Legg.

Dr Peter Croll, the chair of HISA Health Privacy forum said that “Many lives can be saved, for example, through the introduction of RFID chip on pharmaceutical products but we need the protection through legislation that embraces these new technologies.”

The proposed changes to the Privacy Law are intentionally generic. The president of the ALRC, Professor David Weisbrot, states that “Although the federal Privacy Act is only 20 years old, it was introduced before the advent of supercomputers, the Internet, mobile phones, digital cameras, e-commerce, sophisticated surveillance devices and social networking websites—all of which challenge our capacity to safeguard our sensitive personal information.”

Although digital cameras, mobile phones and social networking are examples of what the public relates to, this is not the key areas of concern for health related data.

“Health information requires special treatment” says Dr Croll “Unlike financial record you cannot undo the harm from inappropriately releasing sensitive information” this needs to be understood since “bank records can be put right and any inconveniences compensated for but you can’t unlearn something you find out about a person who has a mental history or a sexual infection”.

This is why HISA has advocated for health information to be given special treatment and welcomes the recent media statement: “The ALRC recommends the drafting of new Privacy (Health Information) Regulations to regulate this important field. Recommendations also are made to deal with electronic health records, and the greater facilitation of health and medical research.”

How these regulations will be drafted has yet to be agreed. HISA is concerned that without suitable input from the public and heathcare professionals we might end up going nowhere as with the Health and Social Services Access card that was scrapped by the previous government. Failure to address privacy concerns was a major contributing factor.

Dr Croll said that “It is imperative that we from a consensus on such sensitive issues and get the balance right between what will protect the individual and yet allow for advancement of medical knowledge for the public good through access to quality health data.”

HISA has taken a lead role in addressing this by launching the inaugural ‘Health Privacy Futures’ conference HPF’08, to be held in Brisbane 10-11 Nov. 2008. Dr Brendan Lovelock, CEO of HISA, said: “HPF will bring together key stakeholders in Health privacy which is considered a key foundation of Australia’s transition to a safer and more efficient health system. This conference looks to bring together healthcare providers, consumers and Australia’s leading privacy experts, to bring clarity and definition to this critical issue.”

For more information on HPF’08 and the role that professionals can provide for the advancement of health informatics, please visit www.hisa.org.au.

----- End Release.

It is good to see HISA is being pro-active in this complex and difficult area. We need much more thought given to all this – unmediated in my view – from the pressure applied by entities like NEHTA to have their views prevail. Real public consultation is what is needed here to have e-Health succeed.

David.