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Privacy Law

Question 1A - Australian Privacy Principles

Robert has fatigue, body aches, chest pains and congested breathing. Also, the tips of his fingers and toes have started to feel tingly and turn a slight purple colour.

Worried that he might have a serious infection, he attends the Burnside Medical Centre to have a check-up.

The doctor thoroughly performs a physical exam on Robert. The doctor suspects that Robert may have an auto-immune disorder. However, before sharing this diagnosis with Robert, the doctor prefers to have some blood and urine results.

As a result, the doctor instructs the nurse to draw some blood and collect a urine sample from Robert.

Two weeks later, the results of the tests are in. Robert makes an appointment to speak to the doctor.

During the appointment, the doctor indicates that the pathology results are in but are not conclusive.

Nevertheless, in examining Robert's ANA test, there are some indications that he might have lupus.

Robert cannot believe the diagnosis. He has always been healthy and never had any indications of being ill with an auto-immune disorder like Lupus. And he has just boosted himself with the Pfizer vaccine, so he should be the healthiest he's ever been.

The doctor gives a slight smirk at this remark and proceeds to make a lot of notes in Robert's file.

When the consultation is over, the doctor gives Robert a copy of his blood and urine results.

Robert asks for the doctor to include the notes he made during the consultation.

However, the doctor refuses to provide this information. He says it is "confidential" and that Robert has no right to see it.

Robert is now determined to retrieve those notes.

What type of information are the blood and urine tests considered in the Privacy Act?

What Australian Privacy Principles can Robert use to retrieve the notes made during his consultation?

You must include Case Law in the answers. There must be at least 1 case cited per answer. However, it is recommended to cite more Case Law per answer in order to have a more comprehensive and substantive analysis.