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.

Friday, August 05, 2005

Privacy and de-identified personal health information 

Over at HIPAA Blog, Jeff Drummond has some interesting things to say about the tension between privacy and access to "de-identified" personal information:


Quality versus Privacy: How many times have I harped on the fact that the highest quality health care needs full and open disclosure (if everyone compared notes on every case, patterns would be much easier to discern and the best clinical pathways would quickly become evident), and that the best privacy in health care needs a total restriction on disclosure (don't even tell your doctor about your illness, and nobody will ever be able to find out about it)? Too many, I'm sure.

This report from GWU Medical Center and the Robert Wood Johnson Foundation seems to back me up (long version here, short version here). Real and perceived legal barriers prevent the best development of healthcare information systems and sharing. Well, duh. Take a look at what Judge Posner said in Northwestern Memorial Hospital v. Ashcroft, a case in which the Justice Department was trying to get de-identified information about partial birth abortion cases to defend the partial birth abortion law passed by the US Congress and signed by the President (the law was being challenged by Planned Parenthood and others, and part of the dispute involved how often the procedure was performed and whether it was ever "medically necessary"; several doctors testified that they did the procedure and that it was medically necessary, and the DOJ was seeking de-identified information from the hospitals at which the procedures were performed to determine whether the testifying doctors were really telling the truth in their expert testimony). ..."

Visit HIPAA Blog for all the links.

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