MY HEALTH RECORDS ACT 2012 - SECT 59 Unauthorised collection, use and disclosure of health information included in a healthcare recipient's My Health Record

MY HEALTH RECORDS ACT 2012 - SECT 59

  (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.