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My Health Record: Greg Hunt promises to redraft legislation after public outcry My Health Record: Greg Hunt promises to redraft legislation after public outcry
(35 minutes later)
The health minister, Greg Hunt, has promised to redraft the legislation establishing My Health Record after weeks of controversy prompted by revelations that police, taxation officials and a host of other government agencies were able to access the personal medical information under the legislation without a court order. The health minister, Greg Hunt, has been forced to back down because of escalating controversy over My Health Records, saying legislation will be amended to no record can be released to police or government agencies without a court order.
The Australian Medical Association met with Hunt in Melbourne on Tuesday evening for crisis talks and a statement released shortly afterwards said the legislation would be redrafted to “remove any doubt regarding Labor’s 2012 legislation”. The adjustment, confirmed late on Tuesday night, follows general practitioners and social services groups calling for major changes to My Health Record to ensure it can only be used for medical purposes.
In the statement, Hunt said the new legislation would enshrine the current practice of the Australian Digital Health Agency, which ensures no agency can access the record without a court order. The prime minister had signalled the government would make “refinements” to the scheme – but a growing backlash lead to calls for changes including requiring law enforcement agencies to get a warrant to access the records and dramatically narrowing the grounds to release information.
“The Digital Health Agency’s policy is clear and categorical - no documents have been released in more than six years and no documents will be released without a court order. Hunt issued a statement confirming new privacy protections would be added after “constructive discussions” with the Australian Medical Association and the college of general practitioners.
“The amendment will ensure no record can be released to police or government agencies, for any purpose, without a court order.” “This policy requires a court order to release any My Health Record information without consent. The amendment will ensure no record can be released to police or government agencies, for any purpose, without a court order,” the health minister said.
“This change to the My Health Record Act will therefore remove any ambiguity on this matter,” he said. “The Digital Health Agency’s policy is clear and categorical – no documents have been released in more than six years and no documents will be released without a court order. This will be enshrined in legislation”.
“In addition, the government will also amend Labor’s 2012 legislation to ensure if someone wishes to cancel their record they will be able to do so permanently, with their record deleted from the system.” “This change to the My Health Record Act will therefore remove any ambiguity on this matter”.
The changes will be made “as soon as possible”. The change was welcomed on Tuesday night by Liberal MP Tim Wilson, who has raised concerns about the policy. Wilson said Hunt’s move should restore confidence in the system.
Hunt said the government will continue to advocate to the public about the benefits of the digital health record system. Elated the Health Minister will fix Labor’s flawed MyHealth legislation. These changes address the principle concerns I had with MyHealth & should rebuild patient and health practitioner confidence by putting medical privacy at the fore of Australia’s MyHealth system. #Listening
Australians were required to be part of the new system unless they opted out before 15 October. The digital record will track medical conditions, medication and test results and allow it to be shared between medical providers.
But the lack of privacy protections had become increasingly controversial.
The RACGP president-elect Dr Harry Nespolon said Hunt’s amendments were necessary. “Changes to the legislation that remove any questions about who may be able to access the records ensure that the records will be able to be used in line with the RACGP’s position statement on My Health Records”.
“When a patient steps into the office of one of our GPs, we want them to know that their health information is private and protected,” he said.
Digital Rights Watch was also positive. “This is excellent news, and vindication for the privacy experts, medical practitioners, concerned public and even members of the minister’s own government, who have all outlined their privacy concerns with this rollout,” said the group’s chairman, Tim Singleton Norton.
“This government has a long way to earning the trust of Australian citizens when it comes to handling personal information, but this is a good first step for the minister to take”.
Last week the parliamentary library released advice, which was later taken down from its website, warning the law governing MyHealth Records represented a “significant reduction” in safeguards on police getting medical records because the operator could not routinely require them to get a warrant.Last week the parliamentary library released advice, which was later taken down from its website, warning the law governing MyHealth Records represented a “significant reduction” in safeguards on police getting medical records because the operator could not routinely require them to get a warrant.
The revelation that police access could occur without a court order added to a growing backlash, with the Australian Medical Association calling for further safeguards and Labor, the Greens and minor parties calling for changes to legislation.
It prompted Malcolm Turnbull last week to signal that the government would make “refinements” to the My Health Record scheme.
The president-elect of the Royal Australian College of General Practitioners, Harry Nespolon, said Hunt had also conceded the need to “work towards changing the legislation” to protect privacy and possibly to shorten the 30-year period for which records are kept.
On Tuesday evening, Digital Rights Watch welcomed the news that Hunt would scrap the My Health Record system and introduce legislation ensuring patient privacy.
“This is excellent news, and vindication for the privacy experts, medical practitioners, concerned public and even members of the minister’s own government, who have all outlined their privacy concerns with this rollout,” Digital Rights Watch Chair Tim Singleton Norton said.
“This government has a long way to earning the trust of Australian citizens when it comes to handling personal information, but this is a good first step for the Minister to take,” he said.
Hunt and the Australian Digital Health Agency have both repeatedly said that the agency in charge of the medical records “will not release any documents without a court/coronial or similar order”.
My Health Records, a single unified patient record currently used by 6m Australians, have existed for six years but the number of patients in the system is expected to soar after changes that will automatically set up a record for every Australian unless they opt out by 15 October.
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