
Could You Be Liable for a Patient Data Breach?
As healthcare professionals increasingly communicate with patients online, data privacy risks have become a serious concern. Did you know that you may be legally responsible for a data breach — even if you didn’t cause it directly?
Whether you’re running your own clinic or transitioning to a personal brand with your own website, here’s what you need to know.
⚠️ Why Patient Privacy Matters
The moment you collect or store personally identifiable information (PII) — including names, email addresses, Medicare numbers, or medical details — you’re subject to the Australian Privacy Act and the Notifiable Data Breaches (NDB) Scheme.
This applies even if:
- You’re a sole GP with no receptionist
- You only communicate via email or SMS
- You don’t have a “clinic” in the traditional sense
🩺 Handling Patient Communications
If a patient contacts you with sensitive information, such as:
- “I’m experiencing side effects from a medication”
- “Can I get a medical certificate for work?”
- “I’m worried about a recent diagnosis…”
You need to treat that interaction with the same level of confidentiality as an in-person consultation.
✅ Best Practices:
- Limit internal sharing: Only involve essential staff (if any)
- Don’t forward unsecured messages
- Get documented patient consent before passing on any information
- Encourage use of encrypted messaging platforms or patient portals
💻 What If You’re Hacked?
A cyber attack — even via a third-party app or web plugin — could expose patient information. You might think “I’m not an IT expert,” but legally, you’re still responsible.
⚠️ If a data breach occurs:
- You may be required to notify every affected patient
- You must report the breach to the Office of the Australian Information Commissioner (OAIC)
- You could face significant fines and loss of reputation
🔒 How to Protect Yourself
- Use secure email services with two-factor authentication
- Choose website hosts with robust firewalls and backups
- Install reputable security plugins (like Wordfence or Sucuri)
- Avoid handling sensitive info via unsecured contact forms
- Consult a web designer experienced in healthcare compliance (that’s where we come in)
👩⚕️ Final Thoughts
It’s easy to overlook the legal implications of “simple” digital communication. But when patient privacy is at stake, prevention is better than penalties.
At Synexa Web Design, we help healthcare professionals build secure, compliant, and independent websites — freeing you from clunky medical centre systems and future-proofing your digital presence.
Adapted from an article published by Healthed Australia, May 2025. https://www.healthed.com.au/clinical_articles/could-you-be-held-liable-for-a-data-breach/