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.

Wednesday, February 23, 2005

CIPPIC weighs in on "substantial similarity" for the Ontario Personal Health Information Protection Act 

A short time ago, Industry Canada gazetted its notice of the proposed order-in-council to deem the Personal Health Information Protection Act to be substantially similar to PIPEDA. (See PIPEDA and Canadian Privacy Law: Industry Canada proposes PIPEDA exemption for Ontario "health information custodians".) If passed by cabinet, this would exclude "health information custodians" in Ontario from the application of PIPEDA. The notice in the Gazette requested comments on the proposed order.

The Canadian Internet Policy and Public Interest Clinic has provided its comments, limiting its review to the weak research exemption of PHIPA. The impguned provision doesn't jibe with PIPEDA in that it only requires a research ethics review board to "consider" certain factors before allowing a researcher to have access to personal health information. See the letter to Industry Canada here.

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