Privacy breaches and electronic communication: Lessons for practitioners and researchers

In the era of socially distanced clinical and medical research practices, the use of electronic communication has flourished. The Australian Information Commissioner recently ordered a Victorian general practice to pay $16,400 in compensation following a breach of privacy. This is the largest award of compensation made by the Commissioner in the context of a medical or healthcare privacy matter. The practice had inadvertently sent an email containing sensitive information to an incorrect email address. The email included information concerning the human immunodeficiency virus status of the complainants.

The aim of this article is to provide an overview of this important case in Australian information and privacy law, which relates to the operation of an Australian general practice and research activity undertaken within the practice context.

In an era marked by a great increase in the use of electronic communication in the medical setting, it is essential that practices both manage electronic communication well and respond appropriately when an error arises.