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Are You a Health Care Service Provider? Time to Review Your Privacy Policy

With the My Health Record system expanding, it is time for health care providers to review and update their Privacy Policies. Necessary changes will likely include amendments to how personal information is collected, used and shared.

Notably many Privacy Policies claim they do not share information with any third parties, this may no longer be true if a patient’s information is being uploaded to the My Health Records system. Similarly claims that the provider only collects information from the patient directly, will not be accurate if the provider accesses information from the My Health Record system. Furthermore, the My Health Record Act defines ‘use’ to include accessing, viewing, modifying and deleting information. As such, representations regarding how you use patient’s information may need redefinition.

While it is mandatory for health care providers, who hold health information, to have a compliant Privacy Policy many are falling short of their obligations. Often Privacy Policies are implemented by a web developer when the website is built. These Privacy Policies usually refer to the collection of personal information via the website. However, its far more likely the bulk of the personal information held is derived from sources including, paper forms filled out in waiting rooms, records generated in providing the health services and telephone conversations with patients.

Privacy Policies relate to how businesses deal with personal information from all sources, not just that derived from their websites.

With the notifiable data breach scheme in full force, the last thing you want to do is rush to get compliant during a data breach event before you are required to notify the commissioner.

Get in early, get compliant and avoid the $420,000 maximum penalties.

January 24, 2019 Filed Under: Employment Law

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Client Reviews

"Engaged to implement our franchise system and structures for expansion"

“After aptly handling a previous long-term dispute of ours in such a competent manner, Rouse Lawyers were engaged to implement our franchise system and structures for expansion. The commercial advice and timely assistance provided by Matthew and Peter has been outstanding.”

Andrew LamontFederal Pest Control

"Their knowledge of franchising is comprehensive"

“I have tried several of the larger law firms at the big end of town but found their services to be quite bland and predictable. Rouse Lawyers’s style of operation suits me much better, their knowledge of franchising is comprehensive, and just as importantly, their thinking is distinctly street wise and entrepreneurial.”

Ross ClaytonThe Vast Interior, Head Franchisor

"The team at Rouse Lawyers has been fantastic."

The team at Rouse Lawyers has been fantastic. As a new technology startup, we had some unique requirements around licensing and partner agreements, trademarking as well as off-shore contractor agreements. Matthew and Patrick have been great to deal with – not only from an advice perspective but also delivering these agreements in a timely manner. Dealing with Rouse Lawyers has allowed us to concentrate on our business knowing the legal side is in good hands.

Gareth Beachy-HeadHub3c

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BRISBANE OFFICE

Ph: +61 7 3648 9900

Fx: +61 7 3648 9911

Level 2, 22 Wandoo St, Fortitude Valley, QLD 4006

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

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