AUSTRALIA Law and Practice Contributed by: Dennis Miralis and Jack Dennis, Nyman Gibson Miralis
Section 75 of the My Health Records Act requires a report where there has (actually or potentially) been unauthorised collection, use or disclosure of health information included in a healthcare recipient’s My Health Record or the (actual or potential) compromise of the security or integrity of the My Health Record. Such a report must be made to the relevant system operator and/or the OAIC. Subsequently, all “affected healthcare recipients” must also be notified of the compro - mise or unauthorised disclosure.
Other than those data breaches to which the My Health Records Act applies, medical data would generally be personal information and covered by the federal NDB scheme (see 6.1 Cyberse- curity and Data Protection ).
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