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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.

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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, May 17, 2005

Saskatchewan drafts MDs to administer opt-out for provincial cancer registry 

I blogged a little while ago about the numerous complaints received by the Saskatchewan Information and Privacy Commissioner after thousands of women were unexpectedly contacted by the provincial cancer agency about their cervixes. (See PIPEDA and Canadian Privacy Law: More than 100 women complain after cancer test info shared).

Since then, the Commissioner has released his report on the agency and its privacy practices. I haven't had a chance to wade through all of its 203 pages, so I'm relying on the info from the Medical Post (below). While it is lawful, the agency should make sure that women know all about it and it should follow an opt-out program. Who gets to tell the women and manage this opt-out? Physicians! Lucky them. I'm sure they don't have anything else to do.... Sask. MDs: Prepare patients for Pap results:

"... Gary Dickson, provincial information and privacy commissioner, completed a two-year study on the Saskatche-wan Cancer Agency's prevention program for cervical cancer (PPCC) after receiving more than 100 complaints and 700 items of correspondence from Saskatchewan women. Many of the complaints were that personal information was sent directly to patients from the cancer agency without their knowledge or consent—and that the program is compulsory. Many family physicians were also unaware of the process which began in summer 2003, while Saskatche-wan's Health Information Protection Act was being created.

Dickson said the cancer agency had the right to collect and disseminate the information, but did not do so correctly because it did not offer an opt-out provision to patients as other provinces do. He made 23 recommendations including one that family physicians inform their female patients about the PPCC the first time a Pap specimen is taken and alert them that they will be receiving notification from the cancer agency in the future. He said health information act requires physicians to take "reasonable steps to inform the individual of the anticipated use and disclosure of the information by the trustee (the cancer agency)."

He also said "the College of Physicians and Surgeons should take appropriate steps to ensure that there is informational material available to all Saskatchewan women who attend at their physicians' office for a Pap test. This material should explain the PPCC and in particular the direct contact with women that is a feature of the PPCC."

Dr. Dennis Kendel, registrar of the college, told the Medical Post that he wasn't sure how the college will respond to the privacy commissioner's report. "It wouldn't immediately seem logical to us that we would be the agency responsible for that," he said. "We haven't yet had a chance at our council level to consider the report in detail and its implications."..."

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5/17/2005 07:05:00 PM  :: (1 comments)  ::  Backlinks
The Saskatchewan 'left/right' politcal system has made change and fairness rather moot here in Saskatchewan.

We have a 'marginalized' privacy act - wherein they limit powers of privacy commissioner.

The saskatchewan people should rally around Mr. Dickson [best Privacy Commissioner Saskatchewan has ever seen] and demand ammendments to the provincial privacy act - to broaden the commisioner's powers in review.

For an example - the legislation does not permit the commissioner to 'order a government agency to disclose records' - the commissioner makes 'recomendations' and then the head of the department complained about gets to decide to follow them or not!

So - how is that for fair - then one must apply to court of queens bench for a review of the decision of the head - sounds like a 'red' tape system.

At least we have a privacy commissioner in Saskatchewan who really is qualified [nor is he left/right!]- but with only two staff and a government [obviously] unwilling to increase their budget - it must be very difficult for them - but he shall not cave to that.

So people of saskatchewan speak out to our so-called leaders [even though they are not listening] that they need to broaden the privacy act and the office of the information and privacy commissioner should be recieving a fair budget.

After all these are 'your rights' that are at stake!

Don Muntean
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