3.14 Health and genetic information is recognised as ‘sensitive information’ under the Privacy Act. Sensitive information is given greater protection under the APPs than other information. Separate Commonwealth Acts protect healthcare identifiers and electronic health records.
3.15 Several state and territory laws also offer protections, including limitations on collection, use and disclosure, for health information held by state and territory public and private sector organisations.
‘Sensitive information’ is defined in Ibid s 6(1). A number of the APPs make special provisions for sensitive information: see, eg, APP 3.
Healthcare Identifiers Act 2010 (Cth).
Personally Controlled Electronic Health Records Act 2012 (Cth).
Health Records and Information Privacy Act 2002 (NSW); Information Privacy Act 2009 (Qld); Health Records Act 2001 (Vic); Health Records (Privacy and Access) Act 1997 (ACT); Information Act (NT).