The My Health Records Act 2012 (My Health Records Act) establishes the My Health Record system. The My Health Record system contains online summaries of individual’s health information which can be viewed by their registered treating healthcare providers, including doctors, nurses and pharmacists across Australia.
The Australian Information Commissioner (the Information Commissioner) has various enforcement and investigative powers in respect of the My Health Record system, under both the My Health Records Act and the Privacy Act 1988.
Section 111 of the My Health Records Act provides for the Information Commissioner to make enforcement guidelines outlining how he or she will approach enforcement issues under the My Health Records Act and the Privacy Act. The Information Commissioner must then have regard to these guidelines in exercising his or her investigative and enforcement powers in relation to the My Health Record system. The purpose of these guidelines is to promote transparency in the Information Commissioner’s processes, given the Information Commissioner’s important role in relation to the My Health Record system.
The My Health Records (Information Commissioner Enforcement Powers) Guidelines 2016 and an explanatory statement can be found on the Federal Register of Legislation.
