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.
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.
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.
Friday, July 23, 2004
Prescription drug abuse has consistently presented one of the greatest challenges to the privacy of patient prescriptions. Health Canada has recently required many pharmacists to report prescriptions of certain drugs. Now it looks like the government of Prince Edward Island is proposing to introduce a province-wide computer system to drack prescriptions. Privacy is obviously an issue. Pharmacists and private practice physicians are subject to PIPEDA and are unable to disclose personal information without consent.
CBC News: P.E.I. to track prescription drug abuse:
"Last Updated Fri, 23 Jul 2004 15:22:45 EDT
The government's software could let doctors, hospitals and pharmacists share information on what prescriptions their patients are pocketing, but it's unlikely they will have access when the system launches in the fall.
Under the privacy act, doctors and pharmacists are not allowed to trade information about a patient without that person's consent."
One thing to remember is that PIPEDA has a catch-all exception to the consent principle buried in the end of section 7:
(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is ...
(c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that ...
(iii) the disclosure is requested for the purpose of administering any law of Canada or a province;
...
(i) required by law.
If the pharmacist is "required by law" to disclose the information, the pharmacist arguably may dispense with consent.
Labels: health information, information breaches
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