Not yet ready for exposure: response to the Exposure Draft Healthcare Identifiers Bill 2010

In its submission to the Federal Department of Health and Ageing (DoHA), PIAC argues that the Exposure Draft Healthcare Identifiers Bill 2010 (Cth) (the Bill) provides insufficient detail and certainty around core elements of the proposed Healthcare Identifiers Service to progress to legislation. In particular, PIAC notes its concern that the Bill has been developed outside the framework of reforms to health privacy rights and procedures under the Privacy Act 1988 (Cth) and fails to properly recognise and protect the right to privacy of health consumers particularly through failing to impose strong information security requirements and failing to hold the service operator liable for breaches of privacy. PIAC also raises concerns about the range of matters to be dealt with through regulations, including matters at the core of the Healthcare Identifiers Service, and the failure to provide clarity around consumer interaction with the Service, including whether or not individuals will be permitted to know their Healthcare Identifier. PIAC also considers the provisions of the Bill in detail and provides comment on a range of amendments to clarify, strengthen and improve the Bill.

Following tabling of the Healthcare Identifiers Bill 2010 and Healthcare Identifiers (Consequential Amendments) Bill 2010, PIAC has made a submission to the Senate Community Affairs Legislation Committee’s inquiry into these tabled Bills.