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The Draft National Health Privacy Code: Unresolved Issues for Health Records

While the need for a consistent national privacy framework is well recognised, it has become even more pressing in light of the development of online health information networks which transcend existing state and territory borders. The Commonwealth Government's draft National Health Privacy Code attempts to address this need by providing a single mechanism for governing the privacy of health records nationally. This paper identifies the privacy challenges posed by e-health records and the importance of proper safeguards to protect this information. The draft Code, including a number of unresolved problems underpinning its implementation, is discussed. Although a stakeholder consultation process has been undertaken, it is argued that further debate and development is required before such an untested and fundamental change to Australia's health privacy framework can be effectively implemented.