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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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.
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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.
Monday, March 27, 2006
New findings under the Alberta Health Information Act
Commissioner decides that physician not required to attach patient's statement of disagreement to recordMarch 27, 2006
Commissioner decides that physician not required to attach patient's statement of disagreement to record
Information and Privacy Commissioner Frank Work has issued his first decision about statements of disagreement under the Health Information Act (HIA).
HIA allows a person to ask a custodian, such as a physician, to correct or amend the person's health information. If the custodian refuses, the person can ask to have a statement of disagreement attached to the record that the person asked to be corrected or amended.
The statement of disagreement must comply with the requirements set out in HIA. The patient's statement of disagreement in this case did not comply with those requirements. Therefore, the Commissioner decided that the physician was not required to attach the patient's statement of disagreement to the record.
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To obtain a copy of Order H2005-005, contact Office of the Information and Privacy Commissioner.
Commissioner upholds Custodian's decision to withhold information
March 27, 2006
Commissioner upholds Custodian's decision to withhold information
Information and Privacy Commissioner Frank Work has upheld a decision to refuse to provide an individual with the names, initials, signatures, position titles, professional designations and credentials of other individuals under the Health Information Act (HIA).
The HIA allows a custodian to refuse to provide an individual with access to that individual's own health information where the disclosure could reasonably be expected to threaten the mental or physical health or safety of other individuals.
The information withheld from the patient's mental health records fell within this exception to access. Therefore, the Commissioner upheld the decision to withhold the information.
- 30 -
To obtain a copy of Order F2004-005 & H2004-001, contact Office of the Information and Privacy Commissioner
Labels: alberta, health information, information breaches
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