National Health (Privacy) Rules 2018 review

This consultation is closed. The deadline for submissions was 4 June 2021.

Background

The OAIC is reviewing the National Health Privacy Rules 2018 (Rules) to decide whether and how they need to be updated to ensure they remain fit-for-purpose.

The Rules are a legislative instrument issued by the Information Commissioner under section 135AA of the National Health Act 1953. The Rules set out how Australian Government agencies may use, store, disclose and link Medicare Benefits Schedule (MBS) and Pharmaceutical Benefits Schedule (PBS) claims information.

The Rules apply to Australian Government agencies that handle MBS and PBS information with particular focus on Services Australia and the Department of Health which process and store information about MBS and PBS claims for health services in Australia. 

The OAIC is seeking submissions from interested stakeholders on the Rules to enable revision and remaking of the Rules before they are due to repeal on 1 April 2022.

The OAIC has engaged privacy consultancy Information Integrity Solutions Pty Ltd (IIS) to conduct the consultation. A Consultation Paper has been prepared by IIS which is assisting the OAIC with this review.

View the Consultation Paper

Purpose of the consultation

To inform the review of the Rules, the OAIC is seeking submissions from interested individuals, agencies and organisations on all elements and aspects of the Rules, including but not limited to:

  • their effect on individuals
  • the operation of MBS and PBS processes
  • public sector operations and policy development
  • open data and associated research initiatives.

Consultation questions

Questions have been included in the Consultation Paper to help guide your feedback.

It is not necessary to respond to every topic or question raised in the Paper. Nor should you feel restricted to the topics or questions we have raised. When commenting, we encourage you to provide evidence to support your feedback, including examples, case studies, statistics or other information. 

How to provide comments

Submissions can be made to:

Email:

privacy.rules@oaic.gov.au

Post:

GPO Box 5218
Sydney NSW 2001

The closing date for submissions is Friday 4 June 2021. 

Although you may send your comments by email or post, email is preferred.

We intend to make all submissions publicly available. Please indicate when making your submission if it contains confidential information you don’t want made public and why it should not be published. 

Requests for access to confidential comments will be determined in accordance with the Freedom of Information Act 1982.

Privacy collection statement

The OAIC will only use the personal information it collects during this consultation for the purpose of considering the issues raised in the discussion paper. This will include sharing submissions with Information Integrity Solutions – a privacy consultancy that is assisting OAIC with this review.

National Health (Privacy) Rules 2018 review – submissions

  1. Australian Bureau of Statistics
  2. Australian Clinical Trials Alliance
  3. Australian Digital Health Agency
  4. Australian Healthcare and Hospitals Association
  5. Australasian Institute of Digital Health
  6. Australian Institute of Health and Welfare
  7. Australian Privacy Foundation
  8. Calabash Solutions
  9. Commonwealth Department of Health
  10. Consumer Health Forum
  11. Craig Willers
  12. Department of the Prime Minister and Cabinet
  13. Health Information Management Association of Australia
  14. Law Society of NSW
  15. Liberty Victoria
  16. Medical Software Industry Association
  17. Monash University
  18. NPS Medicinewise
  19. NSW Council for Civil Liberties
  20. Pharmacy Guild of Australia
  21. Population Health Research Network
  22. Professional Services Review Agency
  23. Tasmanian Department of Health