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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.
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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, December 14, 2005
PHIPA declared substantially similar
Thanks to a regular correspondent for pointing this out ...
The Personal Health Information Protection Act of Ontario has been declared to be substantially similar to PIPEDA:
Canada Gazette:Health Information Custodians in the Province of Ontario Exemption Order
P.C. 2005-2224 November 28, 2005
Whereas the Governor in Council is satisfied that the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A, of the Province of Ontario, which is substantially similar to Part 1 of the Personal Information Protection and Electronic Documents Act (see footnote a), applies to the health information custodians referred to in the annexed Order;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 26(2)(b) of the Personal Information Protection and Electronic Documents Act (see footnote b), hereby makes the annexed Health Information Custodians in the Province of Ontario Exemption Order.
HEALTH INFORMATION CUSTODIANS IN THE PROVINCE OF ONTARIO EXEMPTION ORDER
EXEMPTION
1. Any health information custodian to which the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A, applies is exempt from the application of Part 1 of the Personal Information Protection and Electronic Documents Act in respect of the collection, use and disclosure of personal information that occurs within the Province of Ontario.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
Labels: health information, information breaches, ontario, phipa, privacy
12/14/2005 10:29:00 PM
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Backlinks
For detailed information about the interaction between PHIPA and other laws (including Ontario health sector law, Ontario public sector privacy law, and PIPEDA) see Chapter 3 in the Guide to the Ontario Personal Health Information Protection Act, published by Irwin Law in October, 2005. See http://www.irwinlaw.com/books.cfm?pub_id=98&series_id=3
An excerpt entitled "10 Things to Know to Make Compliance with PHIPA Easier" is available there as a free download at: http://www.irwinlaw.com/assets/10Things.pdf
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