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.

Tuesday, January 25, 2005 OPED: A reminder of responsibilities on safeguarding health info 

Today's edition of the Medical Post contains an OP-ED piece by Ken Pole, reminding physicians of their obligations under new privacy laws: OPED: A reminder of responsibilities on safeguarding health info:

"...Then there's the fact that if health-care consumers have a grievance about improper use of personal information, it's up to them to initiate legal action. There's nothing in PIPEDA that provides for penalties or damages, and since it is Federal Court of Canada jurisdiction, up-front legal costs quickly become horrendous.

I'm not a fan of litigation but sometimes it's unavoidable, even necessary, to make an example. If a physician or institution breaks the law, the only current punishment is public embarrassment. Perhaps a substantial fine, including damages to the complainant, would wake everyone up.

So, if you still needed it, consider yourself rapped between the ears. And now that you're paying attention, check out the Privacy Commissioner's Web site for a general guide at information/guide_e.asp as well as information developed specifically for the health sector."

Personally, I'd recommend the Physician's Privacy Manual, which I wrote and that can be purchased from National Privacy Services at 1-877-PRIVLAW.

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