MinterEllison
  June 19, 2009 - Australia

Robust Privacy Regime Fundamental to Creating a National eHealth Record
  by Ron Pila

One of the most talked about eHealth initiatives is the introduction of a national electronic health record for all Australians.  Having a centralised database of electronic health records will greatly improve access to accurate and up-to-date data by health care workers, including doctors, hospital staff and emergency service providers.  Electronic health records may greatly reduce the number of adverse events caused by inappropriate treatment due to health care workers not having the right information to hand.

Several challenges must be overcome before the national electronic health record can become a reality.  One of these is the establishment of a satisfactory and robust privacy regime.  The health information of individuals is generally considered the most sensitive of personal information. 

Individuals who are seeking treatment will welcome health care providers having access to better and more accurate information, but they may be concerned about their health information falling into the wrong hands or being used for other purposes.  In particular, individuals want to be sure that their health information is not subject to unauthorised access by employers, potential employers and insurers.

These privacy issues already exist with paper-based records and decentralised electronic health records like those held by local GPs.  The 'honey pot' effect of a centralised database of electronic health records brings these issues into sharper focus.

The need to adequately protect the privacy of individuals' electronic health records has raised a number of urgent questions.

 

  • Will the implementation of a national electronic health record scheme require greater national consistency of privacy laws?

  • Is specific legislation required for the protection of data held in electronic health records?

Until these issues are adequately resolved, the introduction of electronic health records, and the benefits that will be derived from those electronic health records, may be impeded by the public's concern about privacy issues.




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