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, January 05, 2008

Allowing medical device reps into surgeries questioned 

British Columbia has recently changed the rules to prohibit representatives of medical device manufacturers from scrubbing in for surgeries. As far as I know, this is the first such rule in Canada and company reps are routinely permitted into surgeries in other provinces.

I got a call from CBC just before New Years to comment on the practice and the quotes they used pretty well sum up my view:

'Time-honoured' medical practice questioned

David Fraser, a privacy lawyer in Halifax, said patients should have a say.

"When an individual is undergoing surgery, they're sedated. They're not aware of what's going on around them and they're completely vulnerable to the surroundings and what's happening to them," Fraser said.

"There's a higher obligation on the part of health care professionals to make sure that consent is properly obtained."

Wedge said despite privacy concerns in other provinces there are no plans to bring in new policies on P.E.I.

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