From: David Vaile <d.vaile@unsw.edu.au>
To: "artsubmission@dhhs.vic.gov.au" <artsubmission@dhhs.vic.gov.au>
Subject: Discussion Paper on Proposed changes to donor anonymity
Date: Fri, 11 Sep 2015 03:35:28 +0000

Policy Manager  
Assisted Reproductive Treatment 
Department of Health 
50 Lonsdale Street Melbourne VIC 3000
artsubmission@dhhs.vic.gov.au apfboard-privacy.org.au (apfboard@privacy.org.au)
	
Dear secretary,

Re: Discussion Paper on Proposed changes to donor anonymity <http://health.vic.gov.au/art/info-donors.htm>
 
This is a brief supporting submission, not necessarily proposing a particular outcome, but endorsing the importance of the issues raised by Anna Johnston, former NSW Deputy Privacy Commissioner and former Chair of the Australian Privacy Foundation (APF).
 
APF had not been in a position to offer a complete submission to this inquiry, but we hope you are able to accept this late submission in support of Anna's observations and perspective.
 
In particular, we support the need for a much closer look at the consequences of breaching a previously unequivocal confidentiality undertaking on which the donors relied. Moreover, many of these people will not initially appreciate the personal risks that arise as a result of this breach of their confidence. As they are apparently not being notified and warned of this proposed change or its implications before it is decided, they may not be in a position to participate.

It is also critically important to consider the public health and public benefit in retaining trust and confidence in such clear and solemn assurances of protection of confidentiality and anonymity in the clinical setting. At risk is the potential erosion of future capacity to credibly make any such assurances (perhaps for what may be even more compelling future public health reasons); or of trust in medical confidentiality promises generally, with all the potential clinical impacts on individuals, their family and the broader community that may flow from distrust in the confidentiality expectations at the heart of clinical relationships.
 
Yours sincerely,
David Vaile, Kat Lane, Vice Chairs
For Australian Privacy Foundation

David.Vaile@privacy.org.au