Cameron Abbott and Michelle Aggromito of K&L Gates write:
The Australian Competition and Consumer Commission (ACCC) is taking on Australia’s largest online health marketplace, HealthEngine. In return for a fee, HealthEngine provided without adequate disclosure, patient information to nine private health insurance brokers.
The MedTech platform functions as an online booking service for many health care providers Australia-wide. During the booking process, HealthEngine would ask users two additional questions. Firstly, they would ask if the user had private health insurance. Secondly, they would ask if the user would like to be contacted with health insurance comparison information. By clicking ‘Yes’ to the second question, users had their personal information transferred to health insurance brokers. This information comprised the user’s name, contact details, date of birth and private health care status.
Does that sound like consent to you?
Read more on National Law Review.