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.

Search this blog

Recent Posts

On Twitter

About this page and the author

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.

David Fraser's Facebook profile

Privacy Calendar



Subscribe with Bloglines

RSS Atom Feed

RSS FEED for this site

Subscribe to this Blog as a Yahoo! Group/Mailing List
Powered by

Subscribe with Bloglines
Add to Technorati Favorites!

Blogs I Follow

Small Print

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, August 31, 2005

Is HIPAA, the patients' privacy law, getting in the way of police work? 

Today's Gainesville Sun asks the question: Is HIPAA, the patients' privacy law, getting in the way of police work. The answer is "probably". (I can hear in my head some people saying "the Constitution gets in the way of police work; that's what it's supposed to do.") One of the big problems is that hospitals interpret the law in very different ways, leaving police scratching their heads. We have the same problem with PIPEDA, particularly when the consent exceptions are oddly worded and lend themselves to broadly divergent interpretations.

While this will not give the police the carte blanche access they want, hospital associations should make an effort to come up with a consistent interpretation of HIPAA so that the ground rules are understood by all. I have seen some hospital counsel who may have a great facility with general health and employment law issues, but don't grasp the nuances of how privacy laws affect their operations. Without this, patients get different protections at different hosptials and, I expect, the police are sometimes left scratching their heads when an inquiry is accepted at one facility but not at another.

Labels: ,

Links to this post:

Create a Link

This page is powered by Blogger. Isn't yours? Creative Commons License
The Canadian Privacy Law Blog is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 Canada License. lawyer blogs