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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.

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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.

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Sunday, August 22, 2004

Article: Patients are denied the last rites under data protection law

I've heard of this happening in Canada, but it has not been widely reported on. The Telegraph has a very good article on the issues related to not providing patient religious affiliation info to hospital chaplains because of privacy concerns.

Patients are denied the last rites under data protection law
By Elizabeth Day
(Filed: 25/07/2004)
Thousands of terminally ill patients are being denied access to spiritual guidance from hospital chaplains because the Data Protection Act is being applied over-zealously.
The Hospital Chaplaincies Council has criticised several NHS Trusts for their "hysterical" refusal to disclose the religious backgrounds of their patients. The trusts claim that such information is "too sensitive" to share with chaplains.
Now many of Britain's 3,425 hospital chaplains are unable to offer spiritual succour - or perform the last rites in the case of Roman Catholics - unless patients ask to see a chaplain on admission to hospital. Chaplains are concerned that many patients going for routine check-ups will not give their consent and then be unable to change their mind should their medical condition deteriorate.

Read the rest of the extensive article here ...

From what I've heard informally, it'll be a lot worse for chaplains in Ontario once Bill 31 is implemented in November.

Labels: information breaches