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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.

Thursday, November 04, 2004

New Ontario rules protect personal health data (The Globe and Mail)

The Globe and Mail is running an article on the Ontario health privacy law, the Personal Health Information Protection Act (PHIPA). One caveat though ... it seems to suggest that the law binds employers. The law only applies to "Health Information Custodians", which generally includes healthcare professionals, hospitals and the like. Employers and insurance companies are only affected by the rules that state that non-health information custodians can only use personal health information for the purposes for which it was disclosed to them by health information custodians:

New Ontario rules protect personal health data:
"The rules will affect daily conduct of business for organizations such as insurance companies, hospitals, doctors and medical service providers, Mr. Zinn says.
However, in practical terms, employers can face questions about the way they collect and distribute employee health information for insurance plans or even who sees notes from doctors to confirm sick leave taken by employees.
Employees can file complaints with the office of the Information and Privacy Commissioner of Ontario for investigation. Individuals within organizations can be personally liable for fines of up to $50,000 for breaches of the regulations. Organizations could be fined up to $250,000. "

Labels: health information, information breaches, ontario, phipa