Privacy Act 1988 Australia: How to Abide By It and Avoid Data Frauds?
On 21 August 1996, the United States introduced the Health Insurance Portability and Accountability Act (HIPAA). This law is like a package of all patient data security and privacy rules—to restrict data breaches and frauds. Every organisation dealing with Protected Health Information (PHI) needs to follow HIPAA to regulate its collection, storage, use, and distribution.
Today, several countries have privacy laws that are equivalent to HIPAA. For example, the Privacy Act 1988 Australia is the Australian HIPAA counterpart and covers every healthcare service provider in the country.
This article will help you understand the importance of this act and help you become compliant with it. Also, we hope to bust some common myths about the HIPAA law in Australia to enable you to take better measures to follow the same.
What is the Australia HIPAA Equivalent?
At PostGrid, we get many questions, like- does HIPAA apply in Australia. The answer is partly yes and here is why:
In Australia, the Privacy Act 1988 works similarly to HIPAA because its prime purpose is the same. However, this act covers a broader spectrum of personal data than HIPAA.
Let us start with why the Organisation for Economic Cooperation and Development (OECD) created the Privacy Act 1988 Australia. The reason was to safeguard people’s healthcare data from misuse. All businesses, irrespective of their size, should take the necessary steps to make their patient interactions, data collection, etc., compliant with this law.
The act saw several amendments to expand its extent and cover more entities. All parties that handle patient data are automatically obliged to follow the rules and regulations of this act to avoid paying fines. Also, no party can opt-out unless they stop managing patient information altogether.
The Privacy Act 1988 Australia laid down 13 Australian Privacy Principles (APPs). Their purpose is to:
- Set specific standards for all stages of patient data processing
- Dictate the obligations of organisations and agencies subject to this HIPAA Australia law
Currently, the Office of the Australian Information Commissioner (OAIC) overlooks the act and investigates the associated data breaches. The OAIC can:
- Accept enforceable undertakings
- Charge civil penalties if a covered entity fails to comply with the requirements of the law
- Conduct privacy performance assessments for government agencies and companies
Therefore, you need to learn about HIPAA compliance Australia and incorporate it into your daily operations. It can help you significantly, from building trust among patients to avoiding legal consequences.
Please note that HIPAA and Privacy Act 1988 are often used interchangeably because of their shared resemblance.
Why Is It Essential to Comply With Privacy Act 1988 Australia?
The maximum penalty you may have to pay for repeat and serious data breaches is $2.1 million. Hence, it is better to draft internal policies and strategies that help your organisation comply with HIPAA Australia and not take such a massive risk.
Even a few minor mistakes can put you in legal trouble as the regulations of this act are very stringent. You must limit access to team members and build secure storage rooms for patient files.
The Australian Medical Association (AMA) says that every medical practice or other organisation handling patient data must have a proactive program for privacy compliance. In 2018, several new legal mandates came into force, and the number of data breaches started rising. Hence, you have to be more careful now and update yourselves frequently to avoid missing any new requirements of the Privacy Act 1988 Australia.
Furthermore, the AMA states that complying with the confidentiality law is not limited to respecting patient privacy. It also includes the compulsory data breach notification and managing patient information throughout its life cycle. It is a code of conduct and a legal requirement for healthcare professionals.
What Types of Patient Data and Entities Does the Privacy Act 1988 Australia Cover?
The initial impression of this act is that it only regulates the processing and distribution of a patient’s health information. However, it also covers other details that can help identify the person.
This information consists of, but is not limited to:
- The patient’s full name
- Signature
- Residence or mailing address
- Other contact information like phone number and email address
- IP address
- Date of birth
- Credit details
- Photographs
- Employee record information
- Medical examination reports
- Patient conversations with the healthcare provider and its staff
- Admission and discharge data
- Medicare number, etc.
The Privacy Act 1988 Australia covers way more information than you may think. Hence, you should consult an attorney to ensure that all your operations are in alliance with this law if you are unsure.
Which Entities Does HIPAA In Australia Regulate?
Now that you have the answer to the question- is HIPAA applicable in Australia, you can move ahead to check if you fall under its jurisdiction.
Here is a list of entities that need to follow the HIPAA regulations:
- Australian government agencies
- All *organisations that have an annual turnover of over $3 million
Small private sector healthcare service providers with a turnover of less than or equal to $3 million, including:
- Medical practitioners
- Pharmacists
- Day surgery centres
- Private hospitals
- Weight loss clinics
- Gyms
- Allied health professionals
- Private tertiary educational organisations, private schools, and child care centres
- Complementary therapists like chiropractors and naturopaths
*According to the Privacy Act 1988 Australia, an organisation is:
- A sole trader or individual
- A body corporate
- A partnership firm
- A trust
- Other unincorporated associations
If you outsource your services, ensure that the provider also complies with HIPAA Australia. For example, if you use automated direct mail services to mail your medical documents to patients, enquire if the company is lawfully-compliant.
Luckily, our solutions strive to protect personal data and follow the regulations of all privacy laws. Thus, you can draft, print, and mail your items to patients without worry.
Misconceptions Regarding the HIPAA Law Australia
Sometimes, it is hard to determine which parties need legitimate access to patient data and which don’t. The OAIC may find you guilty of a data breach if you give access to your patient data to individuals or organisations without a lawful reason.
Hence, we have listed below the circumstances under which the Privacy Act 1988 Australia makes some exceptions. As per the Medical Indemnity Protection Society (MIPS), you can release personal information if:
- It is required for approved research
- It is in society’s best interests. (HIPAA does not have such an exception, and you cannot release patient data without their authorization)
- The law requires its release
- The patient’s condition is serious, or they pose a severe threat to another person
However, there are many myths or misconceptions about doctor-patient confidentiality under the Privacy Act 1988 Australia. For instance, if a person admits to a severe offence while consulting you, you have to alert the authorities. You have the right to disobey the privacy law and reveal this information as it is illegal to conceal such data. However, some organisations might be unaware of this exception.
Here are some more misconceptions about HIPAA compliance Australia:
Healthcare Organisations Can Share Patient Data With Potential Employers
Medical practices cannot do that without their patients’ explicit and written consent. Since a person may have hundreds of potential employers in their lifetime, they cannot share their personal information with everyone. Hence, the Privacy Act 1988 Australia strictly prohibits this practice.
Healthcare Professionals Cannot Share Specific Medical Data With Other Doctors
Doctors don’t need their patient’s consent to share their healthcare records with other professionals. For example, suppose you refer your patient to a physiotherapist. In this case, you may need to send over their details to the physiotherapist for better treatment. There is nothing wrong with sharing medical records between professionals as long as the transfer takes place safely.
The Privacy and Confidentiality Act 1988 Only Applies to Paper-Based Data
The Privacy Act came into enactment in 1988, so most people think it only applies to physical patient files. However, it is not the case! There were several updates in the act to cover all types of patient records, irrespective of how an organisation stores them.
It is Enough to Buy and Use a HIPAA-Compliant Software
A HIPAA-compliant software program can help make your organisation partially compliant with the Privacy Act 1988 Australia. But, you cannot comply with it unless your entire staff cooperates with you and works alongside the compliance system.
For example, if your program is software-protected and you fail to keep the password discreet, you automatically compromise your data privacy. Also, try enquiring about how your software provider handles and stores your personal information.
How to Ensure Printing Security?
As said above, the Privacy Act 1988 Australia applies to paper-based and electronic records. Therefore, you must consider investing in HIPAA-compliant printing systems that can secure your patient documents.
Though you may update most records online, there are always many items like prescription labels and scan reports that need offline printing. But, your staff might easily lose or misplace them. Also, they are susceptible to theft and misuse.
By deploying state-of-the-art and safe printing technology, you can save time, ensure security, and improve overall productivity. It allows you to follow the HIPAA Australia regulations and make patient record sharing a breeze.
You still need to protect your electronic medical records (EMRs) against hackers and other online threats. During 202-21, Australian organisations reported more than 67,500 cybercrime instances, which means you need to tighten your security systems.
You can undertake several steps to safeguard your EMRs and comply with the Privacy Act 1988 Australia, like employing automated backups, encryption, and password-protected access.
How Can PostGrid Help You Achieve HIPAA Compliance Australia?
Our direct mail automation API helps healthcare providers send medical documents to patients and third parties without violating the law. It does so by allowing you to draft, print, and ship items on a HIPAA-compliant platform.
PostGrid is also compliant with PCI DSS Level 1, ISAE 3402, SOC-2 – IRAP (Australia), ISO 9001, and ISO 27001. Hence, we guarantee that your data remains secure and confidential at every stage of your mailing process.
Our API and software are in-built to follow the rules and requirements of the Privacy Act 1988 Australia. We achieve such high levels of data protection by working with trusted and lawfully-compliant print partners. You no longer need to worry about purchasing print equipment and instructing your staff to spend days printing documents.
Furthermore, we mail your items via Australia Post—the most trusted carrier in the country. The Privacy Act 1988 Australia does not dictate Australia Post as a covered entity because it only transports your medical data from one place to another. It does not have access to the contents inside the envelopes.
Below are some of our features to help you protect your personal information:
- API integration: PostGrid’s HIPAA Australia compliant services let you integrate our API into your CRM. It allows you to draft your patient documents and ship them via your own system, enhancing data privacy
- User settings: You can grant or restrict access to your staff members to avoid any potential data breaches. Thus, only authorised users can log into your PostGrid account and handle patient data on our platform
- Per-piece tracking: Using our real-time tracking feature, you can keep checking the status of your sent mail. It helps you ensure that your items reach their destination smoothly and without issues
Conclusion
The Privacy Act 1988 is the Australia HIPAA equivalent, operating for several decades. It safeguards patients’ personal and healthcare data and holds healthcare organisations reliable if there is a breach.
You may have a hard time implementing a HIPAA-compliant system, but it is essential to smoothen data processing. Also, it helps you prevent falling prey to legal complications and paying hefty penalties.
Moreover, you should always try to enquire about the security measures of your outsourced service provider. You can use PostGrid’s direct mail API to send your print advertising and transactional items safely. Plus, PostGrid also helps you verify your mailing addresses in advance to avoid sending mail to incorrect recipients and decrease the chances of malicious activities.
Are you ready to protect your patient data against data breaches and comply with the Privacy Act 1988 Australia with PostGrid? Sign up now to learn more!
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source https://www.postgrid.com.au/what-is-privacy-act-1988/
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