Read The Times Australia

Daily Bulletin

Victorian government must ensure its proposed healthcare database has iron-clad security and privacy

  • Written by: Rick Sarre, Emeritus Professor of Law and Criminal Justice, University of South Australia
Victorian government must ensure its proposed healthcare database has iron-clad security and privacy

Last weekend, The Age reported on a Victorian government plan, quietly unveiled three months ago, that would revolutionise the collection of the private medical data of every Victorian who has ever used public hospitals or health services.

Known as clinical information sharing (CIS), the plan allows the Department of Health and Human Services (DHHS) to gather and collate every patient’s medical records. The records will be stored on a government database and made available to clinicians as required. The database will include information such as clinical details, demographics, attendance information, medications, allergies and adverse reactions, discharge summaries and test results.

According to the proposal, CIS will be expanded over time to include information about treatment pathways, family and social history, and lifestyle factors. The department has also flagged extending the initiative to include patient details not only from public sources but also private hospitals, general practitioners, mental health systems and ambulance services.

The need for better sharing of medical data was highlighted in an independent report commissioned by the government in 2015. It followed several potentially preventable baby deaths at the Bacchus Marsh Hospital.

While this all sounds highly meritorious, there is one problem: unlike the federal government’s controversial My Health Record, it is not possible for anyone to opt out. About 10% of people have opted out of My Health Record, which is not unexpected.

Victorians will have no such option. True, they will have access to the data through an electronic portal, but they won’t be able to change anything or delete information.

This creates a dilemma for the government: even with the best motives, when it comes to anything to do with human services, compulsion is always a sticking point. One abandons the requirement of consent at one’s peril.

Read more: Why aren't more people using the My Health Record?

Let’s examine each side of the argument.

On the one hand, assembling all medical information of all eligible people from a broad range of sources into one database provides public hospitals and health services with an immediate and complete picture of any patient’s history. Health professionals will have quick access to medical images and laboratory results.

Indeed, it is sometimes impractical to obtain the consent of a person in emergency situations when treatment is required to prevent death, serious damage to health, or significant pain or distress. This is especially so when patients are not conscious and are not on record as having given any prior consent.

CIS is also designed to facilitate access to the information in a patient’s My Health Record, including information from other states and territories.

On the other hand, there are concerns.

While sensitive to the need for privacy safeguard mechanisms, the Victorian Healthcare Association strongly recommends there be a two-year pilot scheme before the plan is rolled out. This will help ease concerns the data will simply duplicate a lot of what is contained in the My Health Record system.

Others have been more scathing of the CIS proposal. In a blog on the Australian Health Information Technology site, a medical practitioner comments:

The idea of aggregating locally held clinical data from the private and public sector with the variably complete and timely data held in the #myHR is surely both overly complex and a uniquely difficult data management task – even if the private sector data was accessible. Of course, privacy, consent and data sensitivity issues seem not to even warrant a real mention and the claimed benefits are all pretty nebulous and unproven.

So where do we go from here?

The starting point is that governments must ensure no policy sacrifices our right to keep private what we would prefer to be private in the pursuit of a goal that can be attained by less intrusive methods. This has been the successful mantra of the drive to contain the COVID-19 pandemic.

Certainly, legislative protections are in place in Victoria for health information when it is handled by public and private sector organisations. There are general data privacy rights under the Privacy and Data Protection Act 2014, but this act does not apply to health records. The protections for these data are contained in the Health Records Act 2001, which is overseen by the Health Complaints Commissioner. It is a good system, but data protection is never completely foolproof.

Read more: Is the government's coronavirus app a risk to privacy?

Data leakage is the biggest risk to public confidence. The concern is that there are always risks associated with giving a broad range of service providers ready accessibility to highly sensitive personal records, which in turn might be used to discriminate, or even worse.

This information might include historical data concerning sexually transmitted diseases, pregnancy terminations, mental ill-health episodes, DNA tests and matters to do with family violence and child protection. This material can be highly embarrassing to some people. In the wrong hands (journalists, insurance companies, private investigators, personal opponents), it could be politically and personally damaging.

The CIS is a three-year initiative. The project is in phase one, and the DHHS is seeking feedback. The public will need assurances that CIS will be able to balance appropriately the public interest in the legitimate and essential use of that information with the public interest in protecting the privacy of health information.

If parliament is to amend the Health Records Act and abandon the requirement of consent, it will need to be rock solid behind data security assurances, and emphatic in its list of uses to which the data can be put. The Victorian government cannot afford to get this wrong.

Authors: Rick Sarre, Emeritus Professor of Law and Criminal Justice, University of South Australia

Read more https://theconversation.com/victorian-government-must-ensure-its-proposed-healthcare-database-has-iron-clad-security-and-privacy-151554

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Choosing an ELISA Format That Matches Your Target

A colorimetric ELISA ends with a plate that has developed color, and the instinct is to read more ...

Why Accurate Measurements Matter When Ordering Flatpack Cabinets

Ordering flatpack cabinets can make a renovation or storage project more manageable, but the proce...

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...