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.

Saturday, February 11, 2006

Alberta Commissioner releases report about cancer screening program 

The Alberta Information and Privacy Commissioner has released his report into the province's cervical cancer screening program, which was alleged to not comply with the Health Information Act of Alberta. From the Commissioner's release:

Commissioner releases report into the Alberta Cervical Cancer Screening Program

February 9, 2006

Commissioner releases report into the Alberta Cervical Cancer Screening Program

Edmonton... Commissioner Frank Work ordered an investigation into complaints that the Alberta Cervical Cancer Screening Program (ACCSP) collects, uses and discloses health information in contravention of the Health Information Act. The ACCSP is a program operated by the Alberta Cancer Board (ACB).

The complainants expressed concern that information related to a woman's Papanicolaou (Pap test) is disclosed without consent to the ACCSP, and that there is no ability for a woman to opt-out of the program.

The investigation found that the ACB:

  • Has authority to collect, use and disclose health information without consent, to operate the ACCSP
  • Completed a Privacy Impact Assessment, and took reasonable steps to maintain safeguards to protect the privacy, confidentiality and security of health information within the ACCSP
  • Allowed women to opt-out of receiving further contact from the ACCSP. However, this step was not sufficient to meet the duty to consider an individual's expressed wish about how much health information to disclose

During the course of the investigation, the ACB implemented a change to the program, offering women the ability to opt-out of the ACCSP. In doing so, the ACB now complies with the requirements of the Health Information Act.

The report makes no recommendations, as the ACB has already taken steps required to comply with the Act.

- 30 -

For a copy of Investigation Report H2005-IR-002 or for more information contact:

Wayne Wood Director, Communications(780) 422-6860

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