The Privacy Legislation Amendment Act 2006 (Cth) makes changes to the Privacy Act 1988 (Cth) (The Privacy Act) to allow health practitioners to disclose patient’s genetic information, whether or not they give consent, under certain circumstances. This is reflected in an additional exception to National Privacy Principle (NPP) 2 — NPP 2.1(ea) — which governs the use and disclosure of personal information in the private sector. The amendments do not oblige disclosure of information but provide the framework for this to occur under the appropriate circumstances.
Synopsis
The guidelines entitled Use and disclosure of genetic information to a patient’s genetic relatives under Section 95AA of the Privacy Act 1988 (Cth) – Guidelines for health practitioners in the private sector’ (Guidelines) specify the requirements that must be met by health practitioners if they choose to use or disclose genetic information without patient consent under NPP 2.1(ea). Disclosure without consent must be made in accordance with NPP2.1(ea) and the Guidelines. The Guidelines have been issued by the NHMRC CEO and approved by the Privacy Commissioner as the means of implementing the amendment to the legislation. The Guidelines are applicable to health practitioner working in the private sector only.
