How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Brisbane.Lawyer Your Own Question
Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
75875724
Type Your Australia Law Question Here...
Brisbane.Lawyer is online now
A new question is answered every 9 seconds

My hospital medical records were subpoenaed asking from

Customer Question

My hospital medical records were subpoenaed asking for records from August 2014 until June 2015, the hospital released my entire record even dating back to when I was a minor in 1993 I was 13, the record was then photo copied by a party to the case and parts of the record outside those dates were sent to out to other parties in form of affidavit, the person who did this has been convicted of domestic violence towards me and I have a dvro against him, I was also years ago given a domestic violence intervention worker who with the police said there was 90% chance I'd become o homicde victim due to this person, the court made orders to have the affidavit removed and all copies of my records were meant to be returned, he is still bringing parts of it up that were not allowed for him to see, I feel completely violated and the courts don't care, I haven't a lawyer
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi,

The hospital has breached its duty to keep your health information private.

If subpoenaed it should only provide the specific records covered by the subpoena, that is, it should limit access to only what is necessary.

http://www.archives.sa.gov.au/content/privacy-law-sa

State Government & the Information Privacy Principles Instruction

State Government agencies ensure the protection of personal information by adhering to the Information Privacy Principles Instruction (IPPI), published as Premier and Cabinet Circular No. 12.

http://dpc.sa.gov.au/sites/default/files/pubimages/Circulars/PC012_Privacy_0.pdf

The IPPI regulates the way State Government agencies can collect, use, store and disclose personal information. The IPPI is administered by the Privacy Committee of South Australia.

The principal officer, or Chief Executive, of each State Government agency is required to ensure the IPPI is implemented, maintained and observed in respect to the personal information the agency collects or holds.

Agencies should publish or make available a Privacy Policy to advise individuals how personal information is managed within the agency.

Here is a link to make your privacy complaint:

http://www.archives.sa.gov.au/content/making-privacy-complaint

Kind regards,

James

Related Australia Law Questions