Abstract:

The advancements in Information and Communication Technology have enabled the health industry to carry out diagnosis, analysis and treatment by online doctors or medical practitioners beyond geographical bountries. In the process, all relevant information about the patient are stored in the computer system of the medical practitioner and other related parties for record and reference purposes. The collection, use and storage of the medical information in the computerized system facilitate easy access for further use and reference. But the greatest challenge is providing protection of privacy and confidentiality of the medical information (data) that being stored. The developed nations see the inevitable transition of ICT based industries is a common phenomenon. Having realised this phenomenon, countries like the US, the UK and Australia have taken bold steps towards improving and enhancing the health sector by ensuring adequate protection for the patients’ records. For example, Australia through the National Health Information Management Advisory Council’s Health Online: A Health Information Action Plan for Australia  provides strategy for information management and the use of online technology within the health sector. It also addresses the issue of protection of patient’s records against abuses. One of the fast developing countries like Malaysia is also striving towards providing some sort of protection for health data privacy. The research utilizing the content comparative legal research methodologies seeks to analyse the legal framework of Australia and Malaysia on e-health data privacy to see how far the legal protection is available and its level of adequacy.