Health privacy and confidentiality

Mendelson, Danuta and Wolf, Gabrielle 2017, Health privacy and confidentiality. In Freckelton, Ian and Petersen, Kerry (ed), Tensions and traumas in health law, Federation Press, Annandale, N.S.W., pp.266-282.

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Title Health privacy and confidentiality
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
Title of book Tensions and traumas in health law
Editor(s) Freckelton, Ian
Petersen, Kerry
Publication date 2017
Chapter number 14
Total chapters 37
Start page 266
End page 282
Total pages 16
Publisher Federation Press
Place of Publication Annandale, N.S.W.
Keyword(s) Health Law
Privacy
Confidentiality
Health Records
Summary The notion that a patient has the right to maintain the confidentiality of information disclosed in the course of a therapeutic relationship with a health practitioner has been entrenched in Western civilisation for thousands of years. For the first time, however we have begun to witness an erosion of this entitlement, especially in Australia in recent years. The Commonwealth Parliament has created a system of co-linked national electronic health records that, by virtue of new technology, permits government bodies and myriad other third parties to access and disseminate individuals' health information both lawfully and without authority, almost invariably in the absence of patients' knowledge and consent. Commonwealth legislation has also facilitated the substitution of patients' traditional right to confidentiality of their health information with a much broader and less clearly defined right to 'personal privacy'. This chapter examines how these changes have led to a fundamental upheaval of longstanding understandings about the protection of information communicated and learned in the once secluded space of the consulting room.
ISBN 9781760021498
Language eng
HERDC Research category B1 Book chapter
ERA Research output type B Book chapter
Copyright notice ©2017, Federation Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30105147

Document type: Book Chapter
Collection: Law
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