Privacy Laws: Who Owns Information Compiled as Part of a Business?

Abstract

Patients have a right to expect that their personal information will remain confidential when they consult a practitioner. However, when they consult a doctor who is contracted to provide services as part of a business, the question can arise as to the right to ownership of the medical records created by that doctor, and/or the information recorded therein, after that doctor leaves the business. This was the issue in a recent case heard in NSW, IVF Australia Pty Ltd v Palantrou Pty Ltd [2005] NSWSC 810, in which IVFA sought an injunction to prevent specialists from accessing a database containing patient information when those specialists left the business to set up elsewhere. A further issue is what effect privacy legislation has on such disputes. This review provides an overview of the case and its outcome.