The Senate has signed off on a variety of privacy reforms designed to make the My Health Record more secure, ensuring police and other agencies cannot legally access the digital health database without a warrant.
The changes passed with broad support, including from the government, but will not be enshrined in law until the House of Representatives can review the changes and pass them in late November.
The government agreed to some of the changes months ago in early August – like the warrant rule, and a move that allows Australians to opt-out at any time and have their existing files permanently deleted.
Others came later, after groups like the Law Council raised concerns that domestic abusers might be able to track fleeing families by looking up their children’s health files.
Parents who can only see their children under “supervised” conditions, as ordered by a court, will no longer be granted assumed access to their kids’ My Health Records.
Another successful amendment from the Greens gave further privacy to children aged 14 to 17.
Their parents will only be able to see their records if the child agrees.
Greens senator Jordan Steele-John said the change would make young people feel more confident about raising “sensitive” matters with their doctors, including sexual, reproductive or mental health problems.
“When you go to the doctor, when you engage with a healthcare professional, and you are a young person, you have a right to privacy,” Senator Steele-John, the parliament’s youngest senator, said.
The changes passed the Senate, but still have to clear the House of Representatives when it sits again from November 26.
Given the government supports the reforms, they are highly likely to pass.
That means the tighter privacy protections will be in place when millions of Australians are automatically enrolled in the scheme on January 31 and have a digital health record created in their name.
The opt-out period was previously due to end this week, but a last-minute intervention in the Senate led to the government approving an extension into early 2019.
