The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Thursday, February 05, 2004

Article: Electronic health records: Condition critical 

Interesting article on electronic health records from that includes mention of privacy issues associated with electronic health records (EHR): Electronic health records: Condition critical: "But an EHR, useful as it may be, does not come without headaches of its own, observed Richard Shekter, a medical malpractice lawyer with Shekter Dychtenberg.

'The real issue is while the justification for enhancing patient care (through EHR) is unassailable, the means by which you have to work to protect yourself and the rights of your patients gets immeasurably complicated,' he said.

That's because health-care organizations, like the private sector, are now governed by the federal Personal Information Protection and Electronic Documents Act (PIPEDA), he said, a piece of legislation which was never designed to meet the needs of the medical community.

And although students in the health care sciences might think confidentiality is the hallmark of the health care system, he said, 'I'm here to tell you that is largely a myth.

'I can tell you as a lawyer practising in the health field every day I am reading the health records of 10-20 patients I�ve never met. I get automatic access to the health records of the doctor who may or may not have seen thousands of patients over a 10-15 year period.'"

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