My Health Record: Greg Hunt to strengthen penalties for misusing patient data

The Federal Government has announced further changes to its controversial My Heath Record system to reassure the public as the deadline to opt out of the digital database approaches.

Health Minister Greg Hunt is resisting calls to suspend the roll-out of the scheme, and will instead propose a second round of amendments to the legislation currently before Parliament.

Under the changes, the penalty for misusing patient records would increase from two years to five years in jail while the maximum fine would more than double to $315,000.

Victims of domestic violence would also be better protected by narrowing the definition of parental responsibility.

Currently, a violent former partner could create a My Health Record on their child’s behalf, giving them access to details including any GP practices or pharmacies that child attends.

The Government will now ensure that a person “cannot be the authorised representative of a minor” if they have restricted access to the child, or pose a risk to the child or a person associated with them.

A Senate inquiry recently expressed “deep concerns” about the loophole and called for greater privacy protections for vulnerable groups.

Mr Hunt said he had “examined the recommendations and listened to concerns raised by a range of groups”.

But he has stopped short of accepting the Senate committee’s call to prevent parents from automatically accessing the records of their teenage children, and will instead conduct a review of the arrangements.

Other proposed changes would see employers banned from requesting and using a person’s My Health Record and ensure no information is released to private health insurers for research or public health purposes.

Every Australian with a Medicare card will automatically be given a record unless they tell the agency they do not want one by the November 15 deadline.

More than 1 million people have so far chosen to opt out amid concerns about privacy and the security of their information.

Legislation allowing Australians to withdraw from the system at any time, and restricting government agencies’ access to the data, has already passed the Lower House.

Mr Hunt is expected to introduce these new amendments when Parliament returns at the end of the month.

More than 6 million Australians already have a My Health Record.