Privacy concerns prompt My Health Record opt-out extension

The Senate has backed a two-month opt-out extension amid warnings it’s a matter of “when, not if” it will be breached.

Screen grabs from the My Health Record government website. Picture: Supplied

The Senate has backed a more than two-month extension for Australians who want to opt out of My Health Record, as an insurance lawyer warns it’s a matter of “when, not if” the system will be breached.

Crossbench senators backed a motion to expand the opt-out period to January 31, after a Labor motion to expand the opt-out period by 12 months failed.

Health Minister Greg Hunt had prolonged the opt-out period by a month after ongoing concerns about personal data shared between doctors could be at risk from cyber attacks and privacy breaches.

The opt-out period officially ends tomorrow, though it will take several weeks for any requests to be processed.

Figures released by the Office of the Australian Information Commissioner show the private health sector was the victim of more data breaches than any other — including banking and ­finance — between April and June this year.

Insurance lawyer Robert Samut, a partner at law firm Barry Nilsson, said the centralisation of such a volume of health information would make the database a target for hackers. He said the security issue and concerns over the accuracy and completeness of patients’ files undermined the purported benefits of the system.

He joined health industry stakeholders in calling for further consideration of the scheme.

Mr Samut said a breach of the system was a matter of “when, not if”, adding that personal health data was more valuable on the black market than credit card information.

“With medical information, cyber criminals are able to gain access to prescription medication, receive medical care, access ­financial data and steal a person’s identity,” he said.

He added that legislation obligating healthcare providers to update the record, making it more complete, could make it more worthwhile.

The Herald Sun reported the service’s opt-out hotline went into meltdown earlier today and its website crashed as Australians attempted to remove themselves in large numbers.

A spokeswoman for Mr Hunt earlier said any extension was not necessary as people can opt-out of My Health Record at any time they wish and there were strong privacy protections.

Opposition health spokeswoman Catherine King said that Australians needed more time to engage with My Health Record and she wanted the Privacy Commissioner to take another look at the system.

“There’s also many Australians who are yet to engage or understands what this means. The system was originally designed as opt-in, based on informed consent,” Ms King told ABC News this morning.

Health Minister Greg Hunt extended the opt-out period by a month — which means it ends tomorrow. Labor says privacy concerns should see the deadline pushed out another year. Picture: Gary Ramage

“Let’s get it right. We think that it is an important reform — a reform started by Labor, but we think that they need the time to get it right.”

More than a million Australians have so far opted out of the electronic health record system, while more than 300,000 have opted in during the opt-out period which ends on Thursday.

Better privacy protections and new penalties for those who misuse My Health Record data are set to be debated in the Senate this week.

Under the bill brought forward by the government, people found guilty of improper use of My Health Record would face up to five years in jail and the maximum fine would be up to $315,000.

The government expects up to 10 per cent of people to opt out but so far just 4 per cent have chosen to do so.

More than six million Australians already have a My Health Record, which has been in operation for the past six year but has been an opt-in service. There have been no recorded breaches.