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ARTICLE · 06 FEBRUARY 2020

Australian privacy laws must be strengthened

No warrant or court order is needed for the Department of Human Services to release private medical information to police.

AustraliaPrivacy

The Department of Human Services fields thousands of requests for Pharmaceutical Benefits Scheme (PBS) and Medicare Benefits Schedule (MBS) data from state and federal policing agencies each year, complying with the vast majority of them.

The information released can, if detailed enough, paint a picture of a person's medical history, including, for example, any history of mental health issues, HIV, abortion or sexually transmitted diseases.

No warrant required

And unlike My Health Record, no warrant or court order is needed for the Department to release the information. Instead, it uses its own internal guidelines to decide how it will respond to a police request. These guidelines, which were created more than a decade ago, have not been updated and are not available to public.

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