Health Law Lecture 3 - Health Law and Public

Question 1

Is there a tort of breach of privacy in Australia?

Answer 1

No

But we have privacy legislation relating to personal information.

Question 2

What is the federal legislation pertaining to privacy legislation?

What constitutes health information?

Answer 2

Privacy Act 1988 - the right to know when information is collected about you, how it will be used and who it will be passed to.

Any information collected about you during the provision of health care.

Question 3

What does the Privacy Amentment (notifiable data breaches) Act 2017 do?

how to determine if notifiable breach?

Answer 3

Imposes fines on individuals and businesses that fail to report serious data breaches.

For businesses with annual turnover more then $3M

To determine if notifiable breach, two step process:

1. unauthorised access or disclosure of information
2. Reasonable person would conclude this access/breach could result in harm to the individual’s data

If remedial action is taken when breach is found, then it’s not an eligible data breach.

Question 4

What is the legislation pertaining to public health in Victoria?

Answer 4

I think it’s The public health and wellbeing act 2008.

Public health Act 2010 in NSW

Question 5

What is some federal legislation relating to the use and sale of tobacco?

Answer 5

Tobacco advertising prohibition Act 1992
- Severe restriction on advertising tobacco

Tobacco plain packaging Act 2011
- To discourage the use of tobacco products

Question 6

Most of this lecture was about NSW Acts

Answer 6

So yeah