About 17 million Australians will be automatically enrolled in the My Health record if they do not opt out by next Thursday, despite lingering significant privacy concerns about the federal government's controversial e-health system.

Legislation that would enshrine a patient's right to permanently delete their record, and ensure that police may only access a person's medical history with a court order, is yet to pass Parliament but politicians will not get a chance to debate the bill before the opt-out deadline passes on November 15.

A Senate inquiry into the rollout of the e-health system last month recommended that the opt-out period be extended by 12 months and legislation substantially rewritten to safeguard patients' safety and privacy, but Health Minister Greg Hunt refused an extension.

It is understood that the government has been considering other recommendations from the Senate report.