AMA raises concern with clause in amendment to Privacy Act
The AMA continues to advocate for a balanced approach to privacy laws.
The AMA submission to the Privacy and Other Legislation Amendment Bill 2024 objects to the introduction of a new statutory tort for serious invasions of privacy, noting the well-intentioned tort could negatively affect a doctor's ability to perform good medical practice and on the use of data in medical research.
The submission explains that the new statutory tort’s unclear scope creates ambiguity for medical professionals, researchers and health services who routinely handle sensitive personal data. It also notes that several key exemptions that currently protect healthcare providers under the Privacy Act do not apply to the statutory tort.
The submission provides specific examples of how the new tort could impact a doctor’s work by creating liabilities for regular tasks, such as taking a patient’s family medical history and collecting reports from other specialists without express patient consent.
The submission also notes that the tort could limit open debate in scientific and other publications that fall outside the journalist exception.
We would like to see revision to this part of the Bill which is currently before the Parliament.
We have actively participated in the Privacy Act Review, providing submissions to earlier consultations and engaging with the Attorney General’s Department to highlight the unintended consequences of some changes that could negatively impact healthcare provision by leading to increased costs, increased administrative burden and increased compliance requirements for doctors and practices.
Read our past submissions:
https://www.ama.com.au/articles/ama-submission-privacy-act-1988-review-report
https://www.ama.com.au/index.php/articles/ama-submission-privacy-act-1988-review-discussion
