Commonwealth Consolidated Acts

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MY HEALTH RECORDS ACT 2012 - SECT 59

Unauthorised collection, use and disclosure of health information included in a healthcare recipient's My Health Record

             (1)  A person must not collect from the My Health Record system health information included in a healthcare recipient's My Health Record if the collection by the person is not authorised under Division 2, and the person knows or is reckless as to that fact.

             (2)  A person must not use or disclose health information included in a healthcare recipient's My Health Record if:

                     (a)  the person obtained the information by using or gaining access to the My Health Record system; and

                     (b)  the use or disclosure is not authorised under Division 2, and the person knows or is reckless as to that fact.

Fault-based offence

             (3)  A person commits an offence if the person contravenes subsection (1) or (2).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty:          1,500 penalty units.



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