Privacy laws: who owns information compiled as part of a business?
Patients have a right to expect that their personal information will remain confidential when they consult a practitioner. However, when they consult a doctor who is contracted to provide services as part of a business, the question can arise as to the right to ownership of the medical records created by that doctor, and/or the information recorded therein, after that doctor leaves the business. This was the issue in a recent case heard in NSW, IVF Australia Pty Ltd v Palantrou Pty Ltd [2005] NSWSC 810, in which IVFA sought an injunction to prevent specialists from accessing a database containing patient information when those specialists left the business to set up elsewhere. A further issue is what effect privacy legislation has on such disputes. This review provides an overview of the case and its outcome.
Mair
Judith
J
Faculty of Health Sciences, The University of Sydney, East Street, Lidcombe, NSW 1825. mairjl@optusnet.com.au
D022126:Access to Information / Q000331:legislation & jurisprudence*; D003219:Confidentiality / Q000331:legislation & jurisprudence*; D032982:Contracts; D006123:Group Practice / Q000331:legislation & jurisprudence*; D006801:Humans; D016347:Medical Records Systems, Computerized / Q000331:legislation & jurisprudence*; D009517:New South Wales; D010067:Ownership / Q000331:legislation & jurisprudence*; D028701:Patient Rights / Q000331:legislation & jurisprudence; D011362:Professional Corporations / Q000331:legislation & jurisprudence*