In its submission to the review of Australia’s Privacy Act, the Department of Health has said there is uncertainty and inconsistency in the application of the current test as to whether genomic information is ‘about’ an individual who is ‘reasonably identifiable’.
The Australian Department of Health has asked for the government to provide more guidance on how to get de-identification right, hoping such advice will be provided when the Privacy Act 1988 receives a facelift. Health, in a submission [PDF] to a review of the Act underway by the Attorney-General’s Department, said the de-identification of data, given the risk of re-identification, is a complex area. «Particularly given the burgeoning demand for access to public sector data at very granular levels, and for linkage with other datasets,» it wrote. The department said that while the Office of the Australian Information Commissioner (OAIC) has published guidance materials on de-identification, data custodians may still need to seek specialist expertise in order to be satisfied that the likelihood of re-identification is low, «particularly in light of advances in data analytic technologies». «The department is of the view that any changes in the Privacy Act that require additional protections in relation to de-identified, anonymised, and pseudonymised information… will need to be supported by appropriate guidance and expertise in order for implementation to be effective,» it said. See also: Nearly 12-months old COVIDSafe legislation cited as cause of Privacy Act review delays The department raised these concerns alongside the issue of genomic information.
