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A landmark privacy class action has alleged that the Department of Veterans’ Affairs unlawfully disclosed the sensitive information of about 300,000 veterans.
Melbourne-based law firm Gordon Legal has launched a landmark privacy class action alleging the Department of Veterans’ Affairs (DVA) unlawfully disclosed the sensitive personal and medical information of about 300,000 Australian veterans and their families.
The disclosures occurred as part of the Medicines Advice and Therapeutics Education Services (MATES) program, which the University of South Australia (UniSA) operated on behalf of DVA from 2004.
Gordon Legal filed a representative complaint with the information commissioner, representing all individuals affected by the disclosure, on the back of the DVA having “conceded that it misled the information commissioner about that extent of the disclosed information in an earlier investigation of the MATES program”.
The information allegedly disclosed by the DVA supposedly includes detailed medical information, such as mental health diagnoses, sexual health information, surgical histories, and alcohol and drug dependency issues, as well as personally identifiable information, including names, residential addresses, and dates of birth.
Unauthorised exposure of sensitive and personal data can result in severe and long-lasting harm, such as psychological injury, emotional distress, and a diminished trust in DVA-related services.
This impact is especially grave for numerous veterans already coping with permanent psychological or physical conditions linked to their military service.
There have already been major calls in recent times that Australia’s justice system should better recognise veterans’ service-related trauma and mental health challenges by providing tailored rehabilitation, treatment and social support instead of relying on incarceration, helping reduce reoffending and improve veterans’ wellbeing.
Timeline of the investigation
In 2004, the Veteran MATES program was launched, aimed to enhance medication safety, decrease adverse drug circumstances, and guide appropriate medicine use among multi-medication veterans and war widows/widowers.
In April 2023, the privacy commissioner found that DVA had breached a veteran’s privacy and awarded them $5,000 in compensation.
Later that year, it was revealed that DVA had shared the identified medical records of about 300,000 individuals with the University of South Australia since 2004, prompting Gordon Legal to lodge a representative complaint on 18 December 2023.
On 5 February 2024, the DVA Human Research Ethics Committee withdrew its ethics approval of the MATES program, with the DVA opting to close the MATES program one week later.
And on 9 October, Gordon Legal issued proceedings in the Supreme Court of Australia against the DVA, through the Commonwealth.
What they are saying
Gordon Legal partner Seb O’Meara noted the distrust from the DVA, indicating a sense of betrayal among veterans concerned about privacy breaches.
“Veterans and their families entrusted the department with intimate details of their lives, including details about their health,” O’Meara said.
“Many carry the psychological and physical scars of military service for our country.
“There is a strong case of betrayal amongst Veterans who are rightly concerned that their personal information was disclosed and used in the MATES program without their knowledge or consent.
“Data privacy is an increasingly important issue. We can and should expect more from our government when it comes to handling of our personal information, especially information regarding our health.”
People such as Alan Ashmore, a Vietnam War veteran, put their trust in the DVA, anticipating that their service would be honoured with respect.
“I trusted that my government would honour my service with respect and dignity. What the DVA has done is a complete betrayal of that trust,” Ashmore said.
“For years, my medical history was being shared without my knowledge and without my consent.
“I still don’t know what happened to my information and how many entities it has been shared with … This continues to cause me significant distress.
“The Veteran Covenant is a promise that the nation will do right by those who served.
“DVA has broken that promise and has never apologised.
“Veterans want accountability. Veterans deserve better.”
A representative from DVA spoke to Lawyers Weekly regarding the proceedings.
“DVA is aware of the proceedings that have been filed in relation to the former Veterans’ MATES program,” the spokesperson said.
“As the matter is before the courts, it would not be appropriate for DVA to comment on the specific claims or legal issues raised in the proceedings, including whether the Commonwealth will defend the claim.
“The Veterans’ MATES program operated between 2004 and 2024 as a proactive medicines management program designed to improve veteran health outcomes and reduce the risk of medication-related harm.
“Throughout its operation, the program was conducted under ethics approvals and formal contractual arrangements, including data security requirements.
“Following concerns raised by the veteran community relating to the use of their personal data in the program, the department suspended it in August 2023.
“The program was formally closed in February 2024 following a review.”
