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.

Wednesday, November 04, 2009

Personal Health Information Act introduced in Nova Scotia 

The Minister of Health for Nova Scotia has today introduced the Personal Health Information Act in the legislature. I'll have a link to the text of the bill tomorrow, but in the meantime you can read the release:

Personal Health Information Legislation Introduced News Releases Government of Nova Scotia

Personal Health Information Legislation Introduced

Department of Health

November 4, 2009 2:46 PM

Nova Scotian's personal health information would be better managed under proposed legislation introduced today, Nov. 4.

The Personal Health Information Act would provide consistent provincial rules for the management of personal information in health care.

"Patient privacy is a fundamental principle in delivering health care. At the same time, it is important that health care professionals can share information in ways that can improve care," said Health Minister Maureen MacDonald. "This legislation balances these important objectives."

The proposed legislation sets out rules for how health information is collected, used, disclosed, retained and destroyed by the health-care sector in Nova Scotia. It better supports a system that uses electronic as well as paper health records and helps provide a more seamless flow of information.

Specific rules include provisions for privacy breach notification audit reports to track who has had access to electronic health records, and requests for people to access to their health information.

Nova Scotia does not have clear health information legislation. It is governed by a mix of federal and provincial laws, health profession codes, and organizational policies and procedures. Nova Scotia joins eight other provinces who have comprehensive legislation to manage personal health information.

I understand that the legislature session ends shortly, so the Bill will not be debated until the new year. It's also reported that the Department plans to have the Bill come into force in January 2011.

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