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 03, 2006

Alberta Commissioner finds minor breaches of Health Information Act by Calgary Health Region 

The Information and Privacy Commissioner of Alberta has recently found that the Calgary Health Region violated the province's Health Information Act in the way it responded to an individual's request for access and correction of his health records. The violation was minor and probably resulted from the confusing, multiple access requests made by the individual. See the Commissioner's press release:

Commissioner finds only minor breaches of Health Information Act by Calgary Health Region

January 3, 2006

Information and Privacy Commissioner Frank Work has found that the Calgary Health Region's failure to provide an Applicant with some of the records he requested under the Health Information Act (HIA) within the 30-day time limit imposed by the Act was a minor breach of the HIA.

The Calgary Health Region had provided many of the records to the Applicant in a timely way, but there were delays in providing some of the records, resulting in part from the confusing nature of the Applicant's various requests for records. The Commissioner also found that the Calgary Health Region's failure to centralize and recognize the full scope of the Applicant's various requests for records, which gave rise to the delays, was a minor breach of the duty to assist under the HIA.

As most of the requested records had been provided to the Applicant, the Commissioner found that the Calgary Health Region had conducted an adequate search for records.

Finally, the Commissioner drew the parties' attention to the fact the Calgary Health Region had yet to consider the Applicant's correction request to place information on his chart.

To obtain a copy of Order H2005-004, contact:

Office of the Information and Privacy Commissioner
410, 9925-109 Street
Edmonton, Alberta T5K 2J8
Phone: (780) 422-6860
Fax: (780) 422-5682

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