Access to General Practice Data for Research in Australia: The Need for Greater Clarity in Relation to Privacy and Confidentiality.

Abstract

While the demand for access to general practice data for research in Australia is strong, the current legal and policy framework regulating this activity does not provide clear guidance for stakeholders. The use of general practice data is regulated by two bodies of law: the equitable duty of confidence and data protection legislation. General practitioners must comply with both bodies of law in using or disclosing general practice data for research. The Privacy Act 1988 (Cth) (Privacy Act) recognises and supports the use of personal health information for research, including without consent in specific circumstances where it is impracticable to obtain consent. The equitable duty of confidence only allows the use of health information for research with express, voluntary, and informed consent. This distinction has the potential to place general practitioners who release information for research under the Privacy Act in breach of their duty of confidence.