'My [electronic] Health Record' - cui bono (for whose benefit)?

Mendelson, Danuta and Wolf, Gabrielle 2016, 'My [electronic] Health Record' - cui bono (for whose benefit)?, Journal of law and medicine, vol. 24, Part 2, pp. 283-296.

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Title 'My [electronic] Health Record' - cui bono (for whose benefit)?
Author(s) Mendelson, DanutaORCID iD for Mendelson, Danuta orcid.org/0000-0001-8955-0954
Wolf, GabrielleORCID iD for Wolf, Gabrielle orcid.org/0000-0003-0932-6771
Journal name Journal of law and medicine
Volume number 24
Season Part 2
Start page 283
End page 296
Total pages 14
Publisher Thomson Reuters
Place of publication New York, N.Y.
Publication date 2016
ISSN 1320-159X
Keyword(s) electronic health records system
My Health Record system
clinical data
health information
electronic health care policies
Summary We examine the operation of Australia’s national electronic health records system, known as the “My Health Record system”. Pursuant to the My Health Records Act 2012 (Cth), every 38 seconds new information about Australians is uploaded onto the My Health Record system servers. This information includes diagnostic tests, general practitioners’ clinical notes, referrals to specialists and letters from specialists. Our examination demonstrates that the intentions of successive Australian Governments in enabling the collection of clinical data through the national electronic health records system, go well beyond statutorily articulated reasons (overcoming “the fragmentation of health information”; improving “the availability and quality of health information”; reducing “the occurrence of adverse medical events and the duplication of treatment”; and improving “the coordination and quality of healthcare provided to healthcare recipients by different healthcare providers”). Not only has the system failed to fulfil its statutory objectives, but it permits the wide dissemination of information that historically has been confined to the therapeutic relationship between patient and health practitioner. After considering several other purposes for which the system is apparently designed, and who stands to benefit from it, we conclude that the government risks losing the trust of Australians in its electronic health care policies unless it reveals all of its objectives and obtains patients’ consent to the use and disclosure of their information.
Language eng
Field of Research 180119 Law and Society
180122 Legal Theory, Jurisprudence and Legal Interpretation
220105 Legal Ethics
220106 Medical Ethics
220104 Human Rights and Justice Issues
18 Law And Legal Studies
Socio Economic Objective 929999 Health not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2017, Thomson Reuters (Professional) Australia Limited
Persistent URL http://hdl.handle.net/10536/DRO/DU:30090274

Document type: Journal Article
Collections: Faculty of Business and Law
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