The My Health Records Amendment (Strengthening Privacy) Bill 2018 (Bill) will amend the My Health Records Act 2012 (MHR Act) to:
remove the authority of the System Operator (the Australian Digital Health Agency or ADHA) to disclose the health information in a My Health Record to enforcement agencies or other government bodies without a judicial order or the healthcare recipient’s consent (making it consistent with the ADHA’s policy position) and
require the System Operator to destroy the health information in a healthcare recipient’s My Health Record if they cancel their registration.
The Bill will also:
provide the process for orders of disclosure of My Health Record health information to be made by judicial officers to designated entities and
provide for the collection, use and disclosure of health information under the specific legislation, namely the MHR Act and the legislation associated with Auditor-General, the Commonwealth Ombudsman and the Australian Information Commissioner