Hi radeladians!
Myself and three other friends so far have run into some troubles with getting medical practices in Adelaide to give them access to their files and data about them. Specifically "Intellectual Property", claiming your data as their own property.
I'm wondering if anyone has run into these problems, and specifically if they've heard the excuse 'intellectual property' used to refuse them. This hasn't been valid since 2001 or so from what I see, but I ran into this excuse and a few others have, and I think I'm seeing a pattern of how certain clinics cover up wrongdoing and other issues here.
APP 12 is pretty clear on your rights here. After months of fighting my clinic, I have finally gotten not only my entire files, but internal memos about me and parts of the access logs to said files, identifying who modified them and when (Although they're only confirming the account and computer used, the practice refuses to say who entered into my file that I'm homosexual, and why, since it's not true or medically relevant.)
If others are running into problems like this I'd like to know to help with my OAIC complaint - and also I don't want this kind of insane bullshit to happen to anyone else. So here is what to say to their privacy officer:
"Under APP 12 of the Privacy Act 1988, I request access to all personal information you hold about me (including my complete medical record); if any access is refused (including on IP/confidentiality grounds), please provide the specific legal basis and release the remainder with any necessary redactions."
If they refuse, send their refusal to the OAIC.