17. Suspension of access in the case of risk to security, integrity or operation of My Health Record system

(1) If the System Operator considers that the security, integrity or operations of the My Health Record system have been, or may be, compromised, the System Operator may suspend access to the My Health Record system with immediate effect for an entity, or for a class or classes of:

(a) healthcare recipients;

(b) authorised representatives;

(c) nominated representatives; or

(d) participants in the My Health Record system.

(2) Without limiting subrule (1), the security, integrity or operations of the My Health Record system may be compromised if:

(a) there is a security problem with the information technology systems of a participant in the My Health Record system, or with the credentials that enable a participant’s identity to be authenticated in electronic communications;

(b) there is an issue with verification of the identity of a healthcare recipient or their representative; or

(c) a participant in the My Health Record system has failed to maintain interoperability in accordance with rules 31, 39 or 56.

(3) Where a participant in the My Health Record system has failed to maintain interoperability in accordance with rules 31, 39 or 56, the System Operator may suspend the participant’s access to the My Health Record system in full or in part.

Example: Under subrule 17(3), the System Operator may decide to suspend all access by a participant to the My Health Record system. Alternatively, the System Operator may decide to partially suspend access to the My Health Record system by preventing the participant uploading a class of documents (such as shared health summaries) until the participant restores interoperability with the My Health Record system in accordance with the System Operator’s interoperability requirements.

(4) The System Operator must notify, in writing, the healthcare recipient or other entity whose access to the My Health Record system has been suspended under subrule (1).

(5) The notice in subrule (4) must be given as soon as practicable after suspension occurs and must specify:

(a) the reasons for suspension; and

(b) the steps, if any, that the System Operator requires the healthcare recipient or other entity to take before the recipient’s or entity’s access to the My Health Record system is restored.

(6) If, in the reasonable opinion of the System Operator, the suspension of access relates to minor operational matters and is unlikely to last for more than 24 hours, the System Operator does not need to comply with subrules (4) or (5).

(7) If, in the reasonable opinion of the System Operator, the suspension of access affects a significant number of healthcare recipients, the System Operator may notify the general public instead of complying with subrule (4).