When it comes to My Heath Record the words horse, stable, door, spring to mind

In January 2016 the Australian Digital Health Agency (ADHA) became a corporate Commonwealth established under the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule.

It has a board appointed by the Minister for Health in whose portfolio it is situated and the board is the accountable body of the ADHA.

Currently Mr Jim Birch AM, Chair. Mr Rob Bransby, Dr Eleanor Chew, Dr Elizabeth Deven, Ms Lyn McGrath, Ms Stephanie Newell, Dr Bennie Ng,  Professor Johanna Westbrook and Michael Walsh sit on this board.

The executive team is headed by Tim Kelsey as CEO, with Professor Meredith Makeham as Chief Medical Adviser and Bettina McMahon, Ronan O’Connor, Terrance Seymour & Dr. Monica Trujillo as the four executive managers.

ADHA is also the designated Systems Operator for My Health Record which currently holds the personal health information of 5.98 million people across the country and will add the remaining 19 million after 15 October 2018 unless they opt out of being included in this national database.

Given the potential size of this database the question of cyber security springs to mind.

It seems that the Australian Digital Health Agency has not been independently audited for cyber resilience by the Australian National Audit Office (ANAO) ahead of beginning the mammoth task of collecting and collating the personal heath information of those19 million people.

Australian National Audit Office, Potential audit: 2018-19:

Management of cyber security risks in My Health Record

The audit would examine the effectiveness of the Australian Digital Health Agency’s management of cyber security risks associated with the implementation and ongoing maintenance of the My Health Record system.

My Health Record creates a record of Australians’ interactions with healthcare providers, and more than 5.5 million Australians have a My Health Record. The audit would focus on whether adequate controls are in place to protect the privacy and integrity of individual records.

It seems that the Australian general public still only has the honeypot's dubious word that it cannot be raided by unauthorised third parties.

Prime Minister Malcolm Turnbull has reacted to growing community concern about the number of agencies which can access My Health Records with a vague promise of "refinements" and with this outright lie; "The fact is that there have been no privacy complaints or breaches with My Health Record in six years and there are over 6 million people with My Health Records".

The Office of the Australian Information Commissioner has recorded complaints and at least 242 individual My Health Records have been part of mandatory data breach reports in 2015-16 to 2016-17, with nine of the 51 reported breach events involving "the unauthorised access of a healthcare recipient’s My Health Record by a third party".

BACKGROUND

Intermedium, 8 May 2018:

Re-platforming options for the My Health Record (MHR) system will soon be up for consideration, with an Australian Digital Health Agency (ADHA) spokesperson confirming that a request for information will be released in the next few months to inform plans to modernise the infrastructure underpinning Australia’s mammoth patient health database.

An open-source, cloud-based environment has already been flagged as a possibility for the MHR by Department of Health (DoH) Special Adviser for Strategic trategic Health Systems and Information Management Paul Madden at Senate Estimates in May last year. He also said that the re-platforming decision was one of many “variables” that needed to be squared away to accurately gauge how much the MHR system will cost beyond 2019-20.

“The variables in there include the re-platforming of the system to an open source environment, using cloud technology… which will be something we will not know the cost of until we hit the market to get a view on that”, Madden said last year. “Our commitment is to come back to the budget in 2019 to paint out those costs for the four years beyond.”

ADHA is scoping out MHR re-platforming options early, with the existing contract with the Accenture-led consortium not set to expire until 2020. As the “National Infrastructure Operator”, Accenture is tasked with running and maintaining MHR’s infrastructure. The prime contractor works with Oracle and Orion Health to provide the core systems and portals behind MHR.

Accenture was awarded the contract to design, build, integrate and test the then-personally controlled electronic health record system (PCEHR) back in 2011, and has signed 13 contracts worth a total of $709.53 million with DoH in relation to the MHR in that time. With the original infrastructure now over seven years old, ADHA recognise the importance of modernising the environment supporting the MHR....

The Sydney Morning Herald, Letter to the Editor, 26 July 2018. p20:

What happens to medical records when opting out?

Dr Kerryn Phelps reminds us that, if people don't opt out, the My Health Records Act allows disclosure of patients' health information to police, courts and the ATO without a warrant ("My Health Record backlash builds", July 25). This would be in addition to "health information such as allergies, medicines and immunisations" available for emergency staff.

How can the access be restricted to emergency staff? How can only certain categories of information be released when allergies and medication are part of general medical notes? I was not reassured by "serious penalties relating to the misuse of information do not apply to accidental misuse" on the website. I opted out.

My GP has told me that, nonetheless, she will be obliged to upload my records - which sounds credible since I have formally opted out with the government, not with my doctor's practice. So what happens - does my health record get kicked off "the cloud"? What exactly did I opt out of?

Denise De Vreeze [my yellow highlighting]

Super Saturday By-elections, 28 July 2018 - counting is underway

Click on the Australian Electoral Commission links to see names of the 48 candidates standing for election and their declarations of eligibility under s44 of the Australian Constitution.

Longman, Queensland

Mayo, South Australia

Braddon, Tasmania

Fremantle, Western Australia

Perth, Western Australia

Progressive voting results will be posted on AEC Virtual Tally Room at https://tallyroom.aec.gov.au/ from 6pm onwards.

Political Cartoons of the Week

These cartoonists can be found at:
Kasia Babis https://thenib.com/kasia-babis
Ed Hall @halltoons
Cathy Wilcox http://cathywilcox.com.au/
Glen LeLievre https://www.lelievrecartoons.com/

Turnbull invites Trump to Australia - expected to arrive in November 2018

This unstable individual is a threat to the US-Australia alliance, a serious security risk, as well as danger to world peace and international trade - an erratic politician Australian Prime Minister Malcolm Bligh Turnbull insists on publicly supporting as an "American patriot", who he is prepared to follow into a war of Trump's own making and, who he will be hosting on a proposed visit to Australia.

The New York Times, 18 July 2018:

WASHINGTON — Two weeks before his inauguration, Donald J. Trump was shown highly classified intelligence indicating that President Vladimir V. Putin of Russia had personally ordered complex cyberattacks to sway the 2016 American election.

The evidence included texts and emails from Russian military officers and information gleaned from a top-secret source close to Mr. Putin, who had described to the C.I.A. how the Kremlin decided to execute its campaign of hacking and disinformation.

Mr. Trump sounded grudgingly convinced, according to several people who attended the intelligence briefing. But ever since, Mr. Trump has tried to cloud the very clear findings that he received on Jan. 6, 2017, which his own intelligence leaders have unanimously endorsed.

The shifting narrative underscores the degree to which Mr. Trump regularly picks and chooses intelligence to suit his political purposes. That has never been more clear than this week.

On Monday, standing next to the Russian president in Helsinki, Finland, Mr. Trump said he accepted Mr. Putin’s denial of Russian election intrusions. By Tuesday, faced with a bipartisan political outcry, Mr. Trump sought to walk back his words and sided with his intelligence agencies.

On Wednesday, when a reporter asked, “Is Russia still targeting the U.S.?” Mr. Trump shot back, “No” — directly contradicting statements made only days earlier by his director of national intelligence, Dan Coats, who was sitting a few chairs away in the Cabinet Room. (The White House later said he was responding to a different question.)

Hours later, in a CBS News interview, Mr. Trump seemed to reverse course again. He blamed Mr. Putin personally, but only indirectly, for the election interference by Russia, “because he’s in charge of the country.”

In the run-up to this week’s ducking and weaving, Mr. Trump has done all he can to suggest other possible explanations for the hacks into the American political system. His fear, according to one of his closest aides who spoke on the condition of anonymity, is that any admission of even an unsuccessful Russian attempt to influence the 2016 vote raises questions about the legitimacy of his presidency.

The Jan. 6, 2017, meeting, held at Trump Tower, was a prime example. He was briefed that day by John O. Brennan, the C.I.A. director; James R. Clapper Jr., the director of national intelligence; and Adm. Michael S. Rogers, the director of the National Security Agency and the commander of United States Cyber Command.

The F.B.I. director, James B. Comey, was also there; after the formal briefing, he privately told Mr. Trump about the “Steele dossier.” That report, by a former British intelligence officer, included uncorroborated salacious stories of Mr. Trump’s activities during a visit to Moscow, which he denied.

According to nearly a dozen people who either attended the meeting with the president-elect or were later briefed on it, the four primary intelligence officials described the streams of intelligence that convinced them of Mr. Putin’s role in the election interference.

They included stolen emails from the Democratic National Committee that had been seen in Russian military intelligence networks by the British, Dutch and American intelligence services. Officers of the Russian intelligence agency formerly known as the G.R.U. had plotted with groups like WikiLeaks on how to release the email stash.

And ultimately, several human sources had confirmed Mr. Putin’s own role.

That included one particularly valuable source, who was considered so sensitive that Mr. Brennan had declined to refer to it in any way in the Presidential Daily Brief during the final months of the Obama administration, as the Russia investigation intensified.

Instead, to keep the information from being shared widely, Mr. Brennan sent reports from the source to Mr. Obama and a small group of top national security aides in a separate, white envelope to assure its security.

Mr. Trump and his aides were also given other reasons during the briefing to believe that Russia was behind the D.N.C. hacks.

The same Russian groups had been involved in cyberattacks on the State Department and White House unclassified email systems in 2014 and 2015, and in an attack on the Joint Chiefs of Staff. They had aggressively fought the N.S.A. against being ejected from the White House system, engaging in what the deputy director of the agency later called “hand-to-hand combat” to dig in…..

Read the full article here.

Reuters, 4 July 20118:

WASHINGTON (Reuters) - The White House on Monday threatened to strike back at critics of President Donald Trump’s contacts with Russia by revoking the security clearances of six former U.S. officials, drawing accusations that he was abusing his power and aiming to stifle dissent.

HuffPost, 245 July 2018:

Donald Trump is doing anything he can to hold on to his base ― even employing propaganda tricks straight out of 1984.

On Tuesday, the President spoke at a Veterans of Foreign Wars gathering in Kansas City and told his followers to forget about anything else other than what he tells them.

“Just remember, what you are seeing and what you are reading is not what’s happening,” he said.

 …ThinkProgress chillingly notes that Trump’s demand directly correlates to the “final, most essential command” of the ruling totalitarian regime in George Orwell’s classic dystopian novel 1984: “to reject the evidence of your eyes and ears.”

Trump decided to jump headfirst into that belief by telling the crowd, “We don’t apologize for America anymore. We stand up for America. We stand up for the patriots who defend America.”

Jake Tapper noted on Twitter that those comments came eight days after he blamed the U.S. for poor relations with Russia.

Australia 2018: the Coal War continues

It should come as no surprise that in the Coal War being conducted by right-wing ideologues and climate change deniers consumers are predicted to be the losers under the Turnbull Government's National Energy Agreement (NEG) and, that Australian Prime Minister Malcolm Turnbull is offering the same illusory $550 per annum saving on electricity costs per household promised but not delived by his predecessor Tony Abbott. 

A COAG Energy Council Ministers meeting on August 2018 will reveal the final NEG design - a design which won't be published until after this meeting.

What is already broadly known about the NEG design appears to support allegations that the aim of this agreement is to cement the dominant position of fossil fuels in the national energy mix at the expense of renewable energy technologies.

REneweconomy, 20 July 2018:

As pressure mounts for Australia’s states and territories to finalise their position on the National Energy Guarantee, a new report has warned the federal government’s policy would fail to achieve its most basic and important function: to lower energy costs for consumers.

The report, commissioned by Greenpeace Australia Pacific, says the Coalition’s NEG would in fact do the opposite – raise electricity prices; as well as bringing investment in large-scale renewables to a halt, and do nothing to combat climate change.

Based on analysis conducted by energy and environment analysts RepuTex, the report models the impact of the NEG under the government’s 26 per cent emissions reduction target, compared to a more ambitious 45 percent target.

In both scenarios, as shown in Figure 17 above, electricity prices are forecast to fall through to 2020 as more than 6GW of renewable energy enters the NEM under large-scale renewable energy target (LRET).

“The increase in low cost solar and wind generation will see the electricity supply steadily become more competitive, with average prices less influenced by high priced gas, and subsequently falling toward $60 MWh in 2020,” the report says.

But under the NEG, new investment in renewables falls off a cliff after 2020, while the impact of the reliability guarantee drives an increase in gas generation, prolongs the phase-out of coal, and makes it harder for key new technologies, like battery storage and demand management to compete.

“The result is the continuation of a coal-dominated market with a fairly static picture for large-scale renewables investment, with gas providing flexibility to meet evening ramp ups,” the report says.

“As a result wholesale prices rise above $70 per MWh after the closure of Liddell, and $80 per MWh after the expected retirement of Yallourn in 2028.”

A more ambitious emissions reduction target, however, of 45 per cent, would provide a signal for investment in more solar and wind, driving prices down by around $20/MWh.

“The competitive pressure from higher solar and wind energy is modelled to push wholesale prices lower, eventually resulting in the closure of excess coal capacity” – around 9GW, in total, by 2030 RepuTex says.

GetUp! Australia

Published on Jul 23, 2018

The crucial make or break meeting of State Energy Ministers is on 10 August. So if we want block Turnbull's dirty energy plan, we need to move right now.

https://youtu.be/JdgLCihZJq8

Go to http://www.savesolar.org to make a free call.

Proof positive that money buys government policy?

Liberal MP for Warringah and soon to be Australian prime minister, Tony Abbott, in April 2012 at the Institute of Public Affairs 70th Anniversary celebration promised:

“I want to assure you that the Coalition will indeed repeal the carbon tax, abolish the Department of Climate Change, abolish the Clean Energy Fund. We will repeal Section 18C of the Racial Discrimination Act, at least in its current form. We will abolish new health and environmental bureaucracies. We will deliver $1 billion in red tape savings every year. We will develop northern Australia. We will repeal the mining tax. We will create a one stop shop for environmental approvals. We will privatise Medibank Private. We will trim the public service and we will stop throwing good money after bad on the NBN. So, ladies and gentlemen, that is a big “yes” to many of the 75 specific policies you urged upon me…”

https://youtu.be/j4pA5nTr8i0

The Sydney MorningHerald on the subject of the IPA, 7 April 2016:

Four months from election and the people scratch their heads. Why, again, are we destroying the Reef for some billionaire Indian coalminer? Why fund private schools and de-fund public ones? Above all, how did Australia go from a country where the poor occasionally stole the goose from the common to one where the rich are consistently rewarded for stealing the common from the goose? The answer, at least in part, appears to be the IPA.

The IPA has three member senators, David Leyonhjelm, Bob Day and James Paterson, and a fourth-in-waiting with ex-human rights commissioner Tim Wilson running in the lower house. It also has several state MPs and members with regular media gigs – like IPA senior fellow Chris Berg (The Drum and Fairfax) and board member Janet Albrechtsen, whose recent column in The Ozpuffed Paterson and Wilson as "outstanding warrior[s] for the freedom cause". They all talk a lot about warriors – which is also what Abbott called Credlin.

But the IPA's real power is the charisma of wealth. At its 70th birthday gala dinner in 2013, Rupert Murdoch gave the keynote. NewsCorp's Andrew Bolt was MC and opposition leader Tony Abbott called the IPA "freedom's discerning friend". Gina Rinehart, George Pell, George Brandis and Alan Jones were guests…..

Still, the IPA then seemed like harmless cranks. Now it seems they're all but writing government policy. Even that's not bad in itself. The wealthy are allowed their clubs, and governments must get ideas from somewhere. But when the private interest of Big Money consistently presents as public interest, it's time to worry. Big time.

We've heard much lately of illegal developer funding, which caused the NSW Electoral Commission to withhold $4.4 million from the NSW Liberals. But developers aren't the only group who might seek influence, and brown paper bags are not the only vehicle.

The IPA has long insisted NGOs should be transparent, but it's notoriously secretive about its own sources of money. (Executive director John Roskam says its donors get intimidated). But revealed sources include all the bad boys of Big International Money: media, oil, tobacco, genetics, energy and forestry. Who benefits from IPA policy? They do.

In 2012, the IPA published "Seventy-Five Radical Ideas to Transform Australia". I haven't done the math, but I'd say over a third are now law or seriously discussed.

DeSmog reporting on the IPA, 17 July 2018:

Australia’s richest person, mining magnate Gina Rinehart, has been revealed as a key funder of the right wing think tank the Institute of Public Affairs (IPA) – a major pusher of climate science denial.

Rinehart’s company, Hancock Prospecting Proprietary Ltd (HPPL), donated $2.3m to the IPA in 2016 and $2.2m in 2017, according to disclosures made to the New South Wales Supreme Court.

As part of a long-running legal dispute over the use of company funds, Gina Rinehart’s daughter Bianca had served a subpoena to access documents that would have shed light on the two donations from HPPL to the IPA.

The IPA is an influential right wing think tank with close ties to Australia’s governing Liberal Party.  IPA fellows regularly appear in the media. The payments suggest that more than a third of the IPA’s income in 2016 and 2017 was from HPPL – majority-owned privately by Gina Rinehart.

According to Forbes, Rinehart was the seventh richest woman in the world in 2017 and Australia’s richest person, with current wealth estimated to be $17.6 billion.

The IPA is a registered charity but is not legally required to disclose its funders and has declined to reveal them in recent years, citing concerns that donors could be “intimidated”.

According to the court judgement, Bianca’s solicitors had been provided with a schedule of “donations and sponsorships” from HPPL where it was disclosed, the judgement said, “that HPPL paid or provided amounts to IPA in a total of $2.3 million for the 2016 financial year and $2.2 million in the 2017 financial year.”

The donations also raise questions about the way the IPA has disclosed the nature of its revenues. 

The IPA's 2017 annual report declared $6.1m of income but said that “86 per cent” had come from individuals. HPPL’s $2.2m donation constituted more than a third of the IPA’s income that year.

In 2016, the IPA reported that 91 per cent of donations were from individuals, but that year HPPL’s $2.3m donation constituted almost half the IPA's income of $4.96m that year.

DeSmog has emailed HPPL asking why it was supporting the IPA, if the donations were linked to specific work and if it was still a supporter. DeSmog also asked the IPA about the donations and if supporters should be concerned that so much if its income is derived from one person. IPA spokesperson Evan Mulholland replied: “No comment.”

Pacific Highway Upgrade has hit a noticeable bump in the road and the fault lies firmly with NSW Roads and Maritime Services, Pacific Complete, the Minister for Roads and the National Party

In July 2018 the NSW Roads and Maritime Services (RMS) was called to account by the communities of Woombah and Iluka for a lack of transparency and only paying lip service to community consultation with regard to the Iluka to Devil's Pulpit Section 6 stage of the Pacific Highway upgrade and, the plan to site a temporary asphalt batching plant and a foamed bitumen plant on a rural lot adjoining the Pacific Highway-Iluka Road T-intersection.

Iluka Road is the only road in and out of both of these small villages whose local economies are heavily reliant on a clean, green, family friendly image and nature-based tourism.

This is the official response of the Pacific Highway upgrade consortium to date:

NSW Roads and Maritime Services, Media Release, W2B Extension to Consultation Period for the Proposed Tempo... by clarencegirl on Scribd

Nationals MP For Clarence Chris Gulaptis in another media release characterised the RMS-Pacific Complete response as Back to the drawing board for Clarence Pacific Highway upgrade asphalt plant temporary asphalt batch plant.

It is unfortunate that he did so, as Woombah residents can clearly see that site preparation on the lot is still proceeding for the temporary asphalt plant and foamed bitumen plant.

Which leaves some residents concerned that Chris Gulaptis is primarily focused on commercial needs of the Pacific Complete consortium and, that NSW Roads and Maritime Services having been caught out are now merely going through the motions so that there is a suitable paper trail should the issue become even more contentious and so come to the notice of Minister for Roads Maritime and Freight, Melinda Pavey.

Residents point out that Jackybulbin and the Rest Area approximately five kilometres away are ideal sites. That the Woombah lot is probably the construction consortium's preferred ancillary site simply because they have an existing lease there.

In response to Gulaptis' spin for the consumption of local media, Woombah and Iluka residents opposing the preferred site have stated in an email:

1. Woombah and Iluka stand united in expressing 'no confidence' in the Laing O'Rourke/Brinkerhoff unincorporated consortium known as "Pacific Complete". Laing O'Orurke is the correct identity for publishing as it is the INSURED PARTY (see attached). Laing O'Rourke Australian arm is for sale and Brinkerhoff is the named party in several issues with previous works such as Lane Cove Tunnel.

2. "Pacific Complete" has been negligent in [failing to notify] the affected members of the communities (all road users of these communities including children on buses and visitors and assessing the proposed shared access roads) and the lack of experience by the "Pacific Complete" Project Team has caused serious distress to the residents of Woombah and Iluka due to two failed communications engagements.

3. "Pacific Complete" and the Roads & Maritime Service NSW has pursued it's objectives and shown complete disregard toward the genuine safety and security issues that will be faced by residents using Iluka Rd to the Iluka Road Pacific Highway turn-off.

4. "Pacific Complete" failed in its duty to correctly identify and assess all viable sites for the asphalt plant.

5. At this time "Pacific Complete" and RMS have offered no traffic solution in the event that no other suitable location of the plant can be identified.

6. Should "Pacific Complete" and the RMS pursue the Woombah site for the Asphalt Batch Plant with no dedicated route for construction/plant vehicles, residents of Woombah & Iluka will consider forming a class action lawsuit against the parties for wilful endangerment.

7. Objectives now are to monitor Pacific Complete to take the preferred site as one of other now five options that do not affect traffic, local residents and the environment.

8. January is Pacific Complete peak movement of trucks month for the Asphalt Plant. They did not consider this ….would affect our peak Holiday period?

Research by local residents also suggests that RMS and Pacific Complete may not be fully compliant with guidelines for the establishment of ancillary facilities when it comes to the Woombah site.

Of particular concern is; (i) the south west flow of surface water on the lot and, whether during any high rainfall event over the next two and a half years, contaminated water might escape and flow from the batching plant infrastructure into the 80ha Mororo Creek Nature Reserve and then along the final est. 2.5km length of the creek which empties into the Clarence River estuary and (ii) the proposed shared access road for heavy trucks and residents' cars and school buses now intersects with the proposed ancillary site at a point which is a known koala crossing.

Image contributed

The next NSW state election will be held on 23 March 2019 in just eight months time.

If the Woobah site remains the preferred site, by then the asphalt batching plant (and possibly the foamed bitumen plant) will have been operational for at least five months and up to 500 heavy truck movements a day will have been occurring over that time with peak activity coinciding with the Woombah-Iluka annual summer tourism period 

One wonders what the Berejiklian Government down in Sydney and the NSW National Party were thinking.

Do they really believe the dust, noise, odour and disruptive traffic will endear Chris Gulaptis to voters in these towns on polling day?

The two very different faces Facebook Inc presents to potential advertisers and lawmakers

Australian Newspaper History Group Newsletter, No 98, July 2018, pp8-9:

98.2.3 Facebook described itself as a ‘publisher’ in 2013

Facebook described itself as a “publisher” as far back as 2013, leaked documents obtained by the Australian reveal. This contradicts the message that chief executive Mark Zuckerberg gave to US Congress, in interviews and in speeches (Australian, 9 July 2018). A 71-page PowerPoint presentation prepared by the then managing director of Facebook, Stephen Scheeler, outlines how the tech giant was the “second-highest reaching publisher in Australia” when compared with traditional media companies such as Nine and Seven. The internal sales document is partly based on data gathered by measurement firm Nielsen as well as confidential internal figures including quarterly revenue targets. There is no mention of Facebook being a publisher in Nielsen’s original report; it categorises Facebook as a “brand” in its Online Landscape Review published in May 2013. A slide in the presentation produced by Scheeler, the most senior executive at Facebook’s Australia and New Zealand business at the time, changed Nielsen’s description of Facebook from a brand to a “publisher”, showing that the social media giant views itself as such.

This is significant because Facebook has long argued it is a tech platform, not a publisher or a media company, when questioned about how it has generated vast profits by siphoning off billions of dollars from the news industry. The admission in the document contrasts with Facebook’s recent public contribution to a high-powered Australian inquiry into the local digital media market. The company repeatedly calls itself a “platform” in a 56-page written submission to the Australian Competition & Consumer Commission.

Zuckerberg has persistently rejected the suggestion that Facebook is a publisher, presenting the company as a neutral platform that does not have traditional journalistic responsibilities. In April, Zuckerberg was asked by US senators investigating the Cambridge Analytica data scandal to explain whether his company was a tech company or publisher. Dan Sullivan, a Republican Senator for Alaska, said: “That goes to an important question about what regulation or action, if any, we would take.” Asked by Senator Sullivan if Facebook was a “tech company or the world’s largest publisher” during his second day of testimony on Capitol Hill, the Facebook co-founder responded: “I view us as a tech company because the primary thing that we do is build technology and products.” Senator Sullivan pressed further: “You said you’re responsible for your content, which makes you kind of a publisher, right?” Zuckerberg did not admit Facebook was a media company or publisher, but did say it was responsible for what is posted on its platforms after it emerged that the company allowed Russia to spread disinformation in the US presidential election.

“I agree that we’re responsible for the content. But we don’t produce the content. I think that when people ask us if we’re a media company or a publisher, my understanding of what the heart of what they’re really getting at is: do we feel responsible for the content on our platform? The answer to that I think is clearly yes. But I don’t think that that’s incompatible with fundamentally at our core being a technology company where the main thing that we do is have engineers and build products.”

Australian Health Minister Greg Hunt is not being truthful about My Health Record and he knows it

On 16 July 2018 the Australian Minister for Health and Liberal MP for Flinders, Gregory Andrew 'Greg' Hunt, characterised My Health Record as a "secure summary" of an individual's key health information.

The Office of the Australian Information Commissioner (OAIC) tells a rather different story.

One where at least 242 individual My Health Records have been part of mandatory data breach reports in 2015-16 to 2016-17, with nine of the 51 reported breach events involving "the unauthorised access of a healthcare recipient’s My Health Record by a third party".

A story which also involves at least 96 instances of Medicare uploading data to the wrong digital health records and also uploading claim information to another 123 My Health Records apparently without the knowledge or consent of the persons in whose names these My Health Records had been created.

There were other instances where MyGov accounts held by healthcare recipients were incorrectly linked to the My Health Records of other healthcare recipients.

Prior to the database name change and system change from opt-in to opt-out there had been another 9 data breaches of an unspecified nature reported, involving an unknown number of what are now called My Health Records.

More instances are now being aired in mainstream and social media where My Health Records were created by DHS Medicare Repository Services or other agents/agencies without the knowledge or consent of the individual in whose name the record had been created.

Healthcare IT News 16 July 2018

If this is how the national e-health database was officially functioning malfunctioning by 30 June 2017, how on earth is the system going to cope when it attempts to create millions of new My Health Records after 15 October 2018?

On the first day of the 60 day opt-out period about 20,000 people refused to have a My Health Record automatically created for them and at least one Liberal MP has also opted out, the Member for Goldstein and member of the House of Representatives Standing Committee on Health, Aged Care and Sport Tim Wilson. 

Prime Minister Malcolm Bligh Turnbull has stated his view that mass withdrawals will not kill the national digital health records system - perhaps because he and his government are possibly contemplating adopting the following three coercive recommendations found amongst the thirty-one recommendations included in the Siggins Miller November 2016 Evaluation of the Participation Trials for the My Health Record: Final Report:

20. Use all mechanisms available in commissioning and funding health services as vehicles to require the use of the My Health Record to obtain funds where practical.

21. Consider ways to require the use of the My Health Record system by all healthcare providers and how to best use the Government’s purchasing power directly (e.g. in the aged care sector), via new initiatives as they arise (such the Health Care Home initiative) or via PHNs commissioning clinical services (e.g. require use of the My Health Record system in all clinical and aged care services that receive Commonwealth funds). Such requirements should have a timeframe within which healthcare providers need to become compliant.

22. Explore with health insurers how they could encourage preferred suppliers and clients to use the My Health Record system as part of their push for preventive care and cost containment.

That the My Health Record is not about improving health service delivery for individual patients is indicated by the fact that a My Health Record is retained by the National Repositories Service for between 30 and up to 130 years after death and, even during an individual's lifetime can be accessed by the courts, police, other government agencies and private corporations listed as research organisations requiring medical/lifestyle information for what is essentially commercial gain, at the discretion of the Secretary of the Department of Health or the Digital Health Agency Systems Operator. See: My Health Records Act 2012 (20 September 2017), Subdivision B - s63 to s70

To put it bluntly, this national database will allow federal government to monitor the personal lives of Australian citizens more closely, enforce civil & criminal law, monetise collated data for its own benefit  and, weaponize the personal information collected anytime it feels threatened by dissenting opinion.

NOTES

OAIC annual reports:

https://www.oaic.gov.au/resources/about-us/corporate-information/annual-reports/ehealth-and-hi-act-annual-reports/annual-report-of-the-australian-information-commissioner-s-activities-in-relation-to-digital-health-2015-16.pdf

https://www.oaic.gov.au/resources/about-us/corporate-information/annual-reports/ehealth-and-hi-act-annual-reports/annual-report-of-the-australian-information-commissioner-s-activities-in-relation-to-digital-health-2016-17.pdf

The Guardian, 22 July 2018:

Australia’s impending My Health Record system is “identical” to a failed system in England that was cancelled after it was found to be selling patient data to drug and insurance companies, a British privacy expert has said.

My Health Record is a digital medical record that stores medical data and shares it between medical providers. In the UK, a similar system called care.data was announced in 2014, but cancelled in 2016 after an investigation found that drug and insurance companies were able to buy information on patients’ mental health conditions, diseases and smoking habits.

The man in charge of implementing My Health Record in Australia, Tim Kelsey, was also in charge of setting up care.data. 

Phil Booth, the coordinator of British privacy group Medconfidential, said the similarities were “extraordinary” and he expected the same privacy breaches to occur.

“The parallels are incredible,” he said. “It looks like it is repeating itself, almost like a rewind or a replay. The context has changed but what is plainly obvious to us from the other side of the planet, is that this system seems to be the 2018 replica of the 2014 care.data.” [my yellow highlighting]

North Coast Voices , 22 July 2018, Former Murdoch journalist in charge of MyHealth records –what could possibly go wrong?

UPDATE

Australian Parliamentary Library, Flagpost, 23 July 2018:

Section 70 of the My Health Records Act 2012 enables the System Operator (ADHA) to ‘use or disclose health information’ contained in an individual’s My Health Record if the ADHA ‘reasonably believes that the use or disclosure is reasonably necessary’ to, among other things, prevent, detect, investigate or prosecute any criminal offence, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; protect the public revenue; or prevent, detect, investigate or remedy ‘seriously improper conduct’. Although ‘protection of the public revenue’ is not explained, it is reasonable to assume that this might include investigations into potential fraud and other financial offences involving agencies such as Centrelink, Medicare, or the Australian Tax Office. The general wording of section 70 is a fairly standard formulation common to various legislation—such as the Telecommunications Act 1997—which appears to provide broad access to a wide range of agencies for a wide range of purposes. 

While this should mean that requests for data by police, Home Affairs and other authorities will be individually assessed, and that any disclosure will be limited to the minimum necessary to satisfy the request, it represents a significant reduction in the legal threshold for the release of private medical information to law enforcement. Currently, unless a patient consents to the release of their medical records, or disclosure is required to meet a doctor’s mandatory reporting obligations (e.g. in cases of suspected child sexual abuse), law enforcement agencies can only access a person’s records (via their doctor) with a warrant, subpoena or court order....

It seems unlikely that this level of protection and obligation afforded to medical records by the doctor-patient relationship will be maintained, or that a doctor’s judgement will be accommodated, once a patient’s medical record is uploaded to My Health Record and subject to section 70 of the My Health Records Act 2012. The AMA’s Guide to Medical Practitioners on the use of the Personally Controlled Electronic Health Record System (from 2012) does not clarify the situation.

Although it has been reported that the ADHA’s ‘operating policy is to release information only where the request is subject to judicial oversight’, the My Health Records Act 2012 does not mandate this and it does not appear that the ADHA’s operating policy is supported by any rule or regulation. As legislation would normally take precedence over an agency’s ‘operating policy’, this means that unless the ADHA has deemed a request unreasonable, it cannot routinely require a law enforcement body to get a warrant, and its operating policy can be ignored or changed at any time.

The Health Minister’s assertions that no one’s data can be used to ‘criminalise’ them and that ‘the Digital Health Agency has again reaffirmed today that material … can only be accessed with a court order’ seem at odds with the legislation which only requires a reasonable belief that disclosure of a person’s data is reasonably necessary to prevent, detect, investigate or prosecute a criminal offence…..

Although the disclosure provisions of different agencies may be more or less strict than those of the ADHA and the My Health Records Act 2012, the problem with the MHR system is the nature of the data itself. As the Law Council of Australia notes, ‘the information held on a healthcare recipient’s My Health Record is regarded by many individuals as highly sensitive and intimate’. The National Association of People with HIV Australia has suggested that ‘the department needs to ensure that an individual’s My Health Record is bound to similar privacy protections as existing laws relating to the privacy of health records’. Arguably, therefore, an alternative to the approach of the current scheme would be for medical records registered in the MHR system to be legally protected from access by law enforcement agencies to at least the same degree as records held by a doctor.