27.03.2014
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.[18] Separate Commonwealth Acts protect healthcare identifiers[19] and electronic health records.[20]
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.[21]
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[18]
‘Sensitive information’ is defined in Ibid s 6(1). A number of the APPs make special provisions for sensitive information: see, eg, APP 3.
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[19]
Healthcare Identifiers Act 2010 (Cth).
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[20]
Personally Controlled Electronic Health Records Act 2012 (Cth).
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[21]
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).