Investigation

My Health Record: The Investigation

They created health records for 23 million Australians without asking. Police could read them without a warrant. The opt-out page used Google reCAPTCHA. Half the records are empty. It cost $2 billion.

23 April 2026 50 sources cited 8 laws examined
11Contradictions
5Critical
5High
23.8MRecords created
$2B+Total cost
$0Penalties imposed

Contents

  1. The opt-out
  2. Police access
  3. The re-identification
  4. The security record
  5. The $2 billion question
  6. Deletion doesn't chase copies
  7. Domestic violence
  8. Sharing by default
  9. Indigenous health data
  10. The enforcement gap
  11. What would fix this
  12. Summary of potential legal breaches
  13. Sources

What is My Health Record?

My Health Record is Australia's national digital health record system. Run by the Australian Digital Health Agency (ADHA), it holds medical data for 23.8 million Australians — over 90% of the population. GP visits, prescriptions, pathology results, hospital discharges, immunisations, and diagnostic imaging.[1]

It was originally opt-in. After six years and $1.15 billion, only 5.8 million people had signed up — one in five Australians.[2]

So the government made it opt-out.

Part 1: The opt-out

In 2018, the government switched My Health Record from opt-in to opt-out. If you didn't actively refuse during a window that ran from July 2018 to January 2019, a record was automatically created for you.[3]

On day one, the website crashed. Phone wait times hit 1.5 hours. Support staff were told to "punch people's details into the website." Prime Minister Malcolm Turnbull confirmed the glitch.[4]

Near the deadline, the helpline crashed again. The ADHA blamed a "minor technical issue" and told callers to try after 2pm.[5]

Google reCAPTCHA on the opt-out page

The opt-out portal embedded Google reCAPTCHA — sending behavioural data to Google by design. To protect your medical privacy from the government, you had to give data to Google first. The ADHA stated "there is no sharing of data with third parties." reCAPTCHA sends data to Google by definition.[6]

2,517,921 Australians opted out — a 9.9% opt-out rate. Another 287,995 cancelled existing records. The advertising campaign to promote the opt-out blew out from $5.45 million to $10.45 million after the deadline was extended.[3]

The remaining 21 million got a health record whether they wanted one or not.

Part 2: Police access

"Under no circumstances will records be released without a court or coronial order."[7] — Health Minister Greg Hunt

The Parliamentary Library checked the actual law and said he was wrong.[8]

Section 70 of the My Health Records Act 2012 allowed the System Operator (ADHA) to disclose health information to law enforcement whenever it "reasonably believed" disclosure was "reasonably necessary" for preventing, detecting, or investigating criminal offences. No warrant. No court order. No judicial oversight.[9]

The ADHA said it had an internal policy of requiring court orders. But internal policy has no legislative backing — it could be changed at any time, by anyone, without telling you.[10]

The My Health Records Amendment (Strengthening Privacy) Act 2018 was passed after public backlash. It required court orders for police access, enabled permanent deletion, prohibited insurer and employer access, and increased penalties to 5 years' jail and $315,000 fines.[11]

The Australian Privacy Foundation's response: "The Australian people cannot rely on this or any future government to properly protect the privacy and security of their health data." Legislation can be "increased and, just as easily, weakened."[10]

Part 3: The re-identification

In August 2016, the Department of Health published "de-identified" medical billing records of 2.9 million Australians — 10% of the population — on data.gov.au. One billion lines of data covering 1984 to 2014.[12]

University of Melbourne researchers Vanessa Teague, Chris Culnane, and Benjamin Rubinstein decrypted every service provider ID in the MBS dataset. They re-identified patients using as few data points as childbirth dates.[12]

The dataset was taken offline the same day the researchers notified the department.[13]

The government's response

Rather than fix the anonymisation, the government attempted to criminalise re-identification research — proposing 2 years' imprisonment for anyone who re-identified publicly released data. The researchers warned this would chill security research. Dr Teague: "Open publication of de-identified records like health, census, tax or Centrelink data is bound to fail."[12]

In their 2018 Senate submission, the researchers warned: the identifiable MBS-PBS data is "a resource that an attacker could leverage in My Health Record re-identification." Cross-referencing with commercially available datasets (pharmacy purchases, bank billing data) could further enable identification.[14]

Part 4: The security record

Emergency access: 6,557 times in one year

The "break the glass" emergency access function — meant for life-threatening situations — was used 6,557 times in 2022. The OAIC found:[15]

GP clinic passwords

The OAIC assessed 20 GP clinics and found:[15]

The Health Minister called it "military-grade security."[7]

Part 5: The $2 billion question

Conservative estimate of total My Health Record spending:[16]

The Accenture contract

The National Infrastructure Operator contract with Accenture started at $47 million in 2012. It grew to $746 million through repeated extensions. The ANAO audit found:[17]

What $2 billion bought

The Productivity Commission estimated better use could save hospitals $5.4 billion per year. But "no one, in or out of government, has made a business case for My Health Record that uses actual numbers."[22]

Part 6: Deletion doesn't chase copies

Before 2018, "deleting" your record was theatre. It was "removed from view" but retained — for 30 years after death, or 130 years after birth if the death date was unknown.[11]

The 2018 amendment enabled permanent deletion. "No archived copy or backup will be kept."[11]

But: every GP, hospital, specialist, and pharmacist who accessed your record has their own copy. The delete button removes the central record. It does not recall the data already distributed across the healthcare system.[23]

Part 7: Domestic violence

If you share a Medicare card with an abusive partner, they can see where you sought medical treatment — including visits to DV services, sexual health clinics, or mental health providers. Clinical documents may contain your address. Medicare auto-upload shows which clinics you visited.[24]

A Senate committee recommended extending the ability to suspend records for DV protection. The government "noted" the recommendation — the bureaucratic equivalent of reading it and doing nothing.[25]

A pseudonym option exists. You have to know it exists, call a helpline, and navigate the process yourself.[24]

Part 8: Sharing by default

The Health Legislation Amendment (Modernising My Health Record — Sharing by Default) Act 2025 made test result sharing mandatory:[26]

HIV viral loads in a government database

HIV-positive Australians — a community that has faced decades of discrimination — now have their viral load automatically uploaded to a centralised government health database. Patients can opt out, but providers must document exceptions and keep records for two years. The system that started as "voluntary" now fines doctors who don't upload your results.[26]

Part 9: Indigenous health data

The health burden for First Nations people is 2.3 times that of non-Indigenous Australians — exactly the population that would benefit most from better health data sharing.[27]

But Indigenous Allied Health Australia acknowledges that "information provided by and about Aboriginal and Torres Strait Islander people and communities has not always been treated respectfully, or used in ways that engage or benefit those people."[27]

Karl Briscoe, CEO of NATSIHWA: "It doesn't surprise me that a lot of people are opting out just for the mere fact that there's a risk of their information being hacked."[28]

Indigenous primary health care organisations are developing their own data governance under Closing the Gap Priority Reform 4. The system that could help the most is trusted the least by the people who need it most.[27]

Part 10: The enforcement gap

As of June 2025, the OAIC "had not opened investigations into any complaints received during the reporting period and made no determinations under the Privacy Act in relation to compliance with the My Health Records Act."[29]

The enforcement guidelines are sunsetting April 2026. The ANAO found privacy risk assessments hadn't been updated since 2017. The ADHA board received cybersecurity briefings only 4 times between July 2016 and February 2019.[30]

A system holding the medical records of 23 million Australians operates under the assumption that nobody will check if the rules are being followed — because nobody does.

There is "little evidence that enforcement has required use of criminal or civil penalties."[31]

Part 11: What would fix this

  1. Access audit log — Show patients every time their record was accessed, by whom, and why. Estonia does this.[32]
  2. Default access codes — PIN protection for records, as the Senate recommended and the government rejected.[25]
  3. Fund the regulator — The OAIC has never investigated a My Health Record complaint. Either fund it to act or acknowledge there is no oversight.[29]
  4. Genuine emergency access controls — 63% of emergency access didn't match a real emergency. Require logging, review, and consequences.[15]
  5. Break vendor lock-in — The $746M Accenture contract should never have happened. Open the infrastructure to competitive tender.[17]
  6. DV protections by default — Not a helpline you have to find. Automatic Medicare upload restrictions when records indicate DV risk.[24]
  7. Opt-in for sensitive data — HIV results, mental health records, and reproductive health should require explicit consent, not automatic upload.[26]
  8. Indigenous data sovereignty — Support self-determination over health data, not just "consultation."[27]

Sources