On Monday, 28 January 2019 15:37:55 AEDT Bernard Robertson-Dunn wrote:
> If the data can be got elsewhere, all bets are off. FYI, the system is
> designed to get copies of data held elsewhere.
That certainly seems to be the case. The Amendments are enacted separately,
and the legislation would be easier to understand if "My Health Records Act
2012" (the Act) were updated so everything could be read in context.
The Amendments appear to insert a new Sc. 69A into the Act "Disclosure to
designated entity under order by judicial officer" which begins:
-------
(1) If an entity that is:
(a) an agency, or a State or Territory authority, within the meaning of
the Privacy Act 1988; and
(b) not a court, tribunal or coroner;
(a designated entity) presents to the System Operator an order made under this
section, the System Operator must comply with the order.
-------
Presumably that means the state police forces are designated entities. But as
Bernard points out, once the data is on their system the MyHealthRecord
restrictions no longer apply. Furthermore, the NSW "Health Records and
Information Privacy Act 2002 No 71" exempts the NSW Police so they're
conveniently free to acquire MyHealthRecord data, and I'm sure they'd be happy
to pass it on to any Commonwealth agency.
David L.
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