Healthy Skepticism Library item: 19949

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Magazine

Burge K
Data sales risk patient trust
Medical Observer 2004 Nov 129
http://www.rheumatologyupdate.com.au/news/data-sales-risk-patient-trust---mo-news

Full text:

A health law expert has warned GPs against selling de-identified patient data, saying the risk to the patient-doctor relationship could outweigh any financial gains.

Phillips Fox health law partner Dr Tim Smyth said while he could understand the commercial interest in GP prescribing information, “my gut feeling is that it’s not worth getting involved in”.

“Patients might lose trust in their doctors on this issue and might wonder whether the doctor’s prescribing is being influenced by payments being received. So I think doctors need to consider whether they seriously want to get involved in that.”

The warning follows claims by the Australian Consumer Association (ACA) that doctors were being offered “bribes” for data, after a leaked fax revealed that a company called Camm Pacific was offering GPs a payment or gift voucher in exchange for de-identified electronic patient information.

In the fax, the company claims “de-identified prescription data” would be used for pharmaceutical research conducted online using a Medical Director software program.

ACA senior health policy officer Nicola Ballenden said this broke the trust of the doctor-patient relationship and could be in breach of the National Privacy Principles.

Deputy Federal Privacy Commissioner Timothy Pilgrim said the office intends to conduct an investigation to establish whether or not the proposed activity would be a breach of the Privacy Act.

The incident comes months after it was revealed in Medical Observer (March 5) that at least one software company asked GPs to sign over their intellectual property rights to their medical records when signing renewal contracts.

The latest allegations have prompted a warning from General Practice Computing Group (GPCG) chair Dr Ron Tomlins, for GPs to be aware of their obligations to protect confidential patient information.

“All consumers have the right to have their personal medical information kept private and secure,” Dr Tomlins said.

Dr Smyth said the privacy legislation didn’t apply to information that does not identify or could not reasonably identify a person but the situation raised ethical questions, such as the degree of control patients should have over their data even if it is de-identified.

If you are going to enter into any agreement Phillips Fox suggests these are some things you need to consider.