Read The Times Australia

Daily Bulletin

Telstra Health will hold Australians' cancer details, so we need to ensure their privacy is protected

  • Written by: The Conversation Contributor
image

The Department of Health recently announced that Telstra had won a A$220 million contract to manage the register for the National Bowel Cancer and Cervical Screening Programs.

Telstra Health – the company’s health arm – will aggregate and manage data currently held by various state registries into one national database. There is potential that other cancer screening registries, such as breast screening, might also be contracted to Telstra Health in the future.

The registries not only contain personally identifying information, such as names and addresses, but also the results of pap smears that allow inferences about a person’s sexual status.

When Telstra Health’s venture into the market place was first foreshadowed in late October 2014, commentators highlighted potential issues around the privacy of Australians' personal information. So it was no surprise that this first Australian outsourcing provoked consumer advocates to highlight similar concerns.

Why outsource?

In 1993, two American management gurus, David Osborne and Ted Gaebler, proposed a magic pudding recipe for what they termed as Reinventing Government. In their model, government could set its objectives and use market-based approaches – including contracting out functions to private companies – to provide services to achieve them.

More than 20 years later, the waters of government contracting out are lapping at the gates of Medicare. The 2014 federal budget proposed outsourcing, or “market testing”, the processing of Medicare payments. And while we wait, the Telstra contract has become the first such outsourcing in Australia.

Private registry operators have been established in the United States for a number of years and have won contracts to run cancer registries in some states. So far, no data security breaches have been reported in these. But this doesn’t stop Australian health experts from worrying.

Privacy concerns

The Department of Health has taken the unusual step of issuing a media release in the middle of an election campaign to assuage concerns. It confirmed that Commonwealth privacy legislation will apply to the cancer registry data managed by Telstra Health and that “any misuse of data could be an offence under the Criminal Code”.

Although that language sounds strong, criminal prosecutions usually require proof of malicious intent, recklessness or negligence – a high standard that isn’t always likely to be obtained.

What is more likely is that well-meaning staff might not be scrupulous in rejecting data requests from those who, on first glance, appear to have a legitimate reason for knowing personal details. They might, for instance, release an address to a police officer hunting for a missing person who sought the information without a warrant. Or they might release data by mistake.

Concerns about privacy are exacerbated by the fact that Telstra has breached its customers' privacy before. In 2011, around 60,000 BigPond users' passwords were temporarily displayed on the internet, leading to an investigation by the Privacy Commissioner for security breaches.

And in January this year, personal voicemails of one Telstra user were mistakenly sent to another. This may be a small example of a data breach, but everyone is entitled to their privacy.

Contractual protections

Beyond legislative threats, privacy concerns can only be assuaged through contractual provisions, whether in the cancer registry contract or with the processing of Medicare payments. Unfortunately, we don’t know how strong the provisions are in the proposed contract and what the renewal provisions are.

Unauthorised release of data potentially costs registries in terms of investigations and regulatory compliance, but these costs should be increased to ensure managers have even greater incentives to take strong action to protect patient privacy.

The automatic consequences of release of data – inadvertent or not – must be made so great that any risk-management matrix will ensure the organisation and its managers always have patient privacy at the forefront of their mind. It will not be good enough to do the standard dance after the data is released, or inappropriately used, where the contracting organisation (in this case, the Department of Health) tut-tuts, and the contractee (in this case Telstra Health) issues a mea culpa.

The contract should prescribe tough financial penalties that have automatic effect after any data release, allowing little discretion for the penalties to be lobbied away with promises of future good behaviour. The contractual penalties need to be strong enough (A$1 million per person identified or data element used, for instance) so management ensures that patients’ rights and privacy are protected.

Consumers might also be given a right to sue for breach of their privacy to further focus management’s mind.

Clearly, the cancer screening registry contract is only the first of the potential outsourcing of health programs. It creates a precedent that needs to be right.

Authors: The Conversation Contributor

Read more http://theconversation.com/telstra-health-will-hold-australians-cancer-details-so-we-need-to-ensure-their-privacy-is-protected-60104

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...