What are my privacy rights as a sufferer of a chronic or serious illness?

Information about your health is protected by federal and state privacy laws. These laws govern the ways in which information about your health can be collected, used, stored and disclosed to other parties.

These laws give you certain rights including access to this information (in some circumstances) and the right to be informed about the use or storage of this information. In some instances you also have the right to remain anonymous and not disclose your personal information.

When do I have to disclose the details of my illness?

There are certain circumstances in which you must disclose the details of your illness. These situations may include when applying for insurance or entry into a superannuation fund or when applying for a job and you know that your illness could affect your ability to undertake the tasks involved in that work.

In the case of insurance, if you fail to disclose requested information, you may be ineligible for insurance or disability cover when you make a claim.

However, when you are applying for a job, there are anti-discrimination laws which prevent employers from requiring you to provide personal information which is not relevant to the position. You should obtain legal advice to determine what information you must disclose to a potential employer.

Who can I contact if my privacy rights have been violated?

In general, you can make a complaint only about your health information and not about someone else’s information.

Each state has an organisation responsible for accepting and investigating complaints about health information. As well, the Office of the Federal Privacy Commissioner will also investigate health service complaints. All services are free.

If you cannot resolve your complaint with the health service provider, you can take your complaint to either or both of these authorities. If you aren’t satisfied with the Commissioner’s decision you may be able to take the complaint to the Consumer, Trader and Tenancy Tribunal or the Federal Court.

For more details on the Office of the Privacy Commissioner
1300 363 992 (Local call cost. Mobiles and pay phones may incur higher charges)
www.privacy.gov.au