Digital health & cyber security Presented by Chelsea Gordon - PowerPoint PPT Presentation

Digital health & cyber security Presented by Chelsea Gordon Wednesday 1 August 2018

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My Health Record 4

MyHealth Record Patients can see My Health Record can who has looked only be accessed at or updated by the patient, carers and people involved their My Health in their healthcare Record Patients can There are tough control who can privacy and see security their My Health rules Record

Regulation Privacy law  Criminal law  Corporate law  6

Privacy Law in Australia The Privacy Act 1988 (Cth) regulates how personal information  is handled in Australia The Privacy Act applies to private businesses that:  – have a greater annual turnover than $3 million (note exceptions); – provide health services and hold health information; or – are contracted service providers for a Commonwealth contract (whether or not a party to the contract) 7

Privacy Principles Open and transparent  Anonymity and pseudonymity  Collection and management  Use or disclosure  Direct marketing  Cross-border disclosure  Quality & security  Access & correction  8

Types of information Privacy Act Personal Financial Sensitive Health 9

Security of personal information APP 11 Take reasonable steps to protect the information:  – from misuse, interference and loss; and – from unauthorised access, modification or disclosure. If the information is no longer required and there is no law requiring its retention, the entity must take reasonable steps to destroy the information or to ensure that the information is de- identified. 10

Notifiable data breach 11

Current Position Unauthorised access Reasonable person or disclosure of conclude breach Must notify OAIC information likely to result in ‘risk and individuals OR of serious harm’ and affected unable to prevent Information lost and harm disclosure likely 12

Practical reflections Have an up to date:  – Privacy policy – Cyber security policy – Data breach response plan Consider cybersecurity insurance  Confirm whether any international regulations apply  13

Team Contacts Karen Keogh Partner P +61 2 9334 8884 E kkeogh@hwle.com.au Chelsea Gordon Associate P +61 2 9334 8987 E clgordon@hwle.com.au 14

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