73Contravention of this Act is an interference with privacy

73 Contravention of this Act is an interference with privacy

(1) An act or practice that contravenes this Act in connection with health information included in a healthcare recipient’s My Health Record or a provision of Part 4 or 5, or would contravene this Act but for a requirement relating to the state of mind of a person, is taken to be: (a) for the purposes of the Privacy Act 1988, an interference with the privacy of a healthcare recipient; and (b) covered by section 13 of that Act. (2) The respondent to a complaint under the Privacy Act 1988 about an act or practice, other than an act or practice of an agency or organisation, is the individual who engaged in the act or practice. (3) In addition to the Information Commissioner’s functions under the Privacy Act 1988, the Information Commissioner has the following functions in relation to the My Health Record system: (a) to investigate an act or practice that may be an interference with the privacy of a healthcare recipient under subsection (1) and, if the Information Commissioner considers it appropriate to do so, to attempt by conciliation to effect a settlement of the matters that gave rise to the investigation; (b) to do anything incidental or conducive to the performance of those functions. (4) The Information Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions under subsection (3).

Note: An act or practice that is an interference with privacy may be the subject of a complaint under section 36 of the Privacy Act 1988.