Melbourne Law School - Research Publications

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    Want to Record your Doctor's Appointment? Great Idea, but First, Check it's Legal
    Hyatt, A ; Johnston, C ; Prictor, M ( 2020-11-02)
    As you fire up your computer for a telehealth appointment, or prepare to walk in to see your doctor, you may be wondering whether to record your appointment. You might even think about doing it without asking permission first.
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    If Privacy is Increasing for My Health Record data, it Should Apply to all Medical Records
    Prictor, M ; Hemsley, B ; Taylor, M ; McCarthy, S (The Conversation Media Group, 2018)
    In response to the public outcry against the potential for My Health Record data to be shared with police and other government agencies, Health Minister Greg Hunt recently announced moves to change the legislation. The laws underpinning the My Health Record as well as records kept by GPs and private hospitals currently allow those records to be shared with the police, Centrelink, the Tax Office and other government departments if it’s “reasonably necessary” for a criminal investigation or to protect tax revenue. If passed, the policy of the Digital Health Agency (which runs the My Health Record) not to release information without a court order will become law. This would mean the My Health Record has greater privacy protections than other medical records, which doesn’t make much sense.
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    Patients and the data breach notification maze
    Prictor, M (The University of Melbourne, 2018)
    A new report confirms that Australia’s healthcare sector is susceptible to data breaches, yet the legal requirements around breach notification are inconsistent and about to get more confusing
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    Data security in the spotlight
    Prictor, M ; Bell, J ; Taylor, M (The University of Melbourne, 2018)
    New legislation means you should, in certain instances, be notified if your data is breached. But will it really keep your personal details safe?
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    Who Owns Your DNA?
    Greenbaum, D ; Gerstein, M (Elsevier BV, 2016-04)
    When you’re clipping your nails or having a haircut, do you think about who owns those samples of your genetic material? Perhaps you think it doesn’t really matter, or that because it comes from your body, you own it. In fact, legally, the answer is far more complex.