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.
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.
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.
Monday, October 18, 2004
A special select committee of the Alberta legislature has made fifty-nine recommendations for amendments to the Health Information Act (Alberta). The report is available from the website of the committee at http://www.hiareview.assembly.ab.ca/.
The text of the press release appears below:
Committee recommends changes to the Health Information Act (HIA):
"LEGISLATIVE ASSEMBLY OF ALBERTA
SELECT SPECIAL HEALTH INFORMATION ACT REVIEW COMMITTEE
October 18, 2004
Committee recommends changes to the Health Information Act (HIA)
Edmonton... Striking a balance between protections of privacy versus a need to know was one of the more challenging tasks before the Select Special Health Information Act Review Committee as they reviewed current legislation over the summer.
"Our focus was to review the Health Information Act to determine whether an appropriate balance has been achieved between protection of the individual's privacy and access to health information where appropriate to provide health services and to manage the health system," said committee chair Broyce Jacobs. "I think we achieved that."
With 72 written submissions and 15 oral presentations to consider during the review, months of consideration and deliberation have resulted in 59 recommendations being made by the committee.
The committee's first recommendation is that a future committee be struck in 2005 to address issues that require additional research and further consultation with stakeholders.
"There are a number of issues that require more time," explained Jacobs. "As well, there is intent to consider harmonization with a pan-Canadian health information privacy and confidentiality framework, which is not yet finalized and therefore could not be addressed by this committee."
The focus of this committee's recommendations deal with: the purpose of the Act, definitions, the scope of the Act, health service provider information, individual right to access health records, collection of health information, elements of consent, discretionary disclosure without consent, disclosure to police services, triplicate prescription program, genetic information, informed knowledgeable implied consent, disclosure for research purposes, duties and obligations to custodians, the Commissioner, substitute decision makers, offences and penalties and health information regulations.
A copy of the Select Special Health Information Act Review Committee's final report is available online at http://www.hiareview.assembly.ab.ca/ ."
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