For Official Use Only
Board
Agenda Item 8: Releasing My Health Record data for regulatory purposes
(a) the prevention, detection, investigation, prosecution or punishment of criminal offences,
breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
(b) the enforcement of laws relating to the confiscation of the proceeds of crime;
(c) the protection of the public revenue;
(d) the prevention, detection, investigation or remedying of seriously improper conduct or
prescribed conduct;
(e) the preparation for, or conduct of, proceedings before any court or tribunal, or
implementation of the orders of a court or tribunal.
(2) So far as subsection (1) relates to paragraph (1)(e), it is subject to section 69.
(3) The System Operator is authorised to use or disclose health information included in a healthcare
recipient’s My Health Record if the System Operator:
(a) has reason to suspect that unlawful activity that relates to the System Operator’s functions
has been, is being or may be engaged in; and
(b) reasonably believes that use or disclosure of the information is necessary for the purposes
of an investigation of the matter or in reporting concerns to relevant persons or authorities.
(4) If the System Operator uses or discloses personal information under this section, it must make a
written note of the use or disclosure.
(5) This section does not authorise the System Operator to use or disclose healthcare recipient-only
notes.
s.22 Irrelevant material
s.22 Irrelevant material
SUMMARY OF ISSUES
s.22 Irrelevant material
While the powers to release data for law enforcement are distinct from the Agency’s secondary use powers
and process (to be set up), this distinction would not be recognised by the broader community. If the
Agency were to release MHR information for law enforcement purposes, it is possible that the community
could confuse this with our commitments about implementing the Framework for Secondary Use with the
Australian Institute of Health and Welfare (AIHW), including governance and other protections.
On this basis, management has taken the position that the Agency will not release any MHR data under s70
of the
My Health Records Act unless we are legally compelled to do so.
The Board’s view is sought on whether this is an appropriate position.
FINANCIAL IMPLICATION
None.
LEVEL OF RISK
Disclosure of MHR data could risk the community’s confidence in the MHR and the Agency as System
Operator.
Page 2 of 3
Meeting date: 14 June 2018
For Official Use Only
For Official Use Only
Board
Agenda Item 8: Releasing My Health Record data for regulatory purposes
Lack of disclosure could risk the effectiveness and expedition of regulatory or investigative processes into
potential breaches of other legislation or claims of professional misconduct.
PRIORITY AREA OR STRATEGIC INITIATIVE
Not applicable.
ACTION OFFICER
Bettina McMahon
Chief Operating Officer
CLEARED BY
Tim Kelsey
Chief Executive Officer
Meeting date: 14 June 2018
Page 3 of 3
For Official Use Only