On Tuesday, 29 January 2019 08:40:21 AEDT Bernard Robertson-Dunn wrote:

> On 28/01/2019 8:02 pm, Karl Auer wrote:
>> The thing is, you can "delete a record from the My Health Record system" 
>> very simply, and without losing access to it. Just move it to any storage 
>> that is declared to be not part of the My Health record system. 
> 
> Which is exactly what happens when a GP/Medical Practice/Hospital/Physio etc 
> downloads it to their own system.

I think you're both very cynical people (:-)!

In any case that doesn't really seem to be necessary.  The Amendments state 
that Sc. 70(1) and 70(2) are repealed, but 70(3) states:

(3)   The System Operator is authorised to use or disclose health information 
included in a healthcare recipient’s My Health Record if the System Operator:
     (a)  has reason to suspect that unlawful activity that relates to the 
System Operator’s functions has been, is being or may be engaged in; and
     (b)  reasonably believes that use or disclosure of the information is 
necessary for the purposes of an investigation of the matter or in reporting 
concerns to relevant persons or authorities.

A new 70(3A) limits the information the System Operator can provide to "only to 
the information [...needed] to identify the matter or concerns [...]  with 
sufficient certainty to: (a)  initiate consideration of the matter or concerns; 
and (b)  if necessary, apply for an order under section 69A in relation to the 
matter or concerns."

However it seems to me that allows fishing expeditions without a judicial 
license, and all it does is to create a bit more paperwork.  Perhaps Roger has 
a legal view on this?

This could become a serious issue where a government decides to go on an 
ideologically driven vendetta like "RoboDebt".  But other than that, the worst 
aspects of MyHealthRecord may lie in other areas altogether, particularly the 
number of authorized access-points, which would make overall system security 
almost impossible to achieve.

David L.


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