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Information Privacy
In general, your sexuality and your relationships are your own business. In most situations - job applications for example - you are not required to disclose your sexual orientation or details about your sexual relationships. Forcing you to provide this information could be unlawful discrimination.
There are some exceptions. For example, insurance companies may be able to discriminate in the terms of insurance on grounds of age, sex and disability where the discrimination is based on reliable research about increased risk for some groups of people. If you are applying for life insurance, you may have to answer questions about your health, history and activities (including your sexual relationships), so that the insurer can assess the risk involved. They may also ask similar questions of your partner.
The Commonwealth Privacy Act gives you rights in relation to how your personal information is handled by government and many private sector organisations.
You can:
- know why your personal information is being collected and how it will be used;
- ask for access to your records, including your health information;
- take up opportunities to stop receiving direct marketing material;
- correct inaccurate information about you;
- know which organisations will be given your personal information;
- ensure organisations only use your information for purposes they have told you about;
- find out what information an organisation holds on you and how they manage it.
If you think your privacy rights have been infringed you should attempt to resolve the matter with the organisation in question if possible. Write a letter or email to the organisation, explain the situation and what you would like to see happen. Give the organisation an opportunity to rectify the situation, 30 days is a reasonable time frame in which they should respond to your initial enquiry.
If you are not satisfied with the outcome you can complain to the Office of the Federal Privacy Commissioner. For more information on your rights and complaints go to www.privacy.gov.au
Confidentiality
There are particular professional relationships that create a legal duty of confidentiality – the main examples are the relationship between a doctor and patient, or a lawyer and client.
Anything you tell your doctor or lawyer, or any knowledge they have about your sexuality, gender identity, health, medical status, financial affairs etc. is confidential and should not be disclosed to anyone without your consent. However, a doctor can break this confidence if they believe you’re endangering someone else by your actions or endangering your own life. If you believe your doctor or lawyer has failed in their obligation to maintain confidentiality, you can complain to the relevant professional body (i.e. Australian Medical Association, Legal Practice Board) or the Office of Health Review (see the Health section).
You can also take private legal action but you should get legal advice first as this will be costly and time consuming.
Disclosure
There is no legal obligation to disclose your sexuality in most situations, although there may be health reasons why you should tell your doctor something about your sexual practices.
If you are being required to disclose your sexuality or if you are discriminated against because of a disclosure, you may be able to make a complaint of discrimination (see the Discrimination section).
However, disclosure is required if you wish to donate blood, organs or sperm.
Under health laws for blood donations, you must answer questions about your health, sexual activity and other personal details in the past 12 months. This includes whether you have had male-to-male sex, had sex with a man you suspect of being bisexual, had sex with or worked as a sex worker, used injecting drugs or been in prison. If you answer yes, current policy is that you will probably not be allowed to donate blood.
For sperm and tissue donations, you must answer similar questions about your own and your partner’s sexual and other activity for the past five years. If you answer yes, this does not automatically disqualify you from making the donation but clinics may be reluctant to accept it.
There are severe penalties, including fines or imprisonment, for making a false statement.
HIV status
The issue of confidentiality and disclosure is complicated in relation to HIV. This is discussed further in the Health section.
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