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.
Monday, September 03, 2007
Proably not a surprise for those who regularly work with the provincial public sector privacy laws in Canada, which usually contain a public interest and "health and safety" override:
Records of troubled B.C. students can be shared: privacy commissionerUniversities in British Columbia can share confidential medical records about troubled students if there's a perceived a threat to public safety, the province's privacy commissioner says.
Responding to a U.S. government report issued June 13 on the April 16 massacre at Virginia Tech that left 33 people dead — including the student who fired the gun — David Loukidelis said a university student's confidential medical records can be shared — regardless of the student's age.
"The laws in B.C. fully enable university and college officials to take steps to protect individual and indeed public safety," Loukidelis told CBC News on Monday.
The U.S. report says schools, doctors and police often do not share information about potentially dangerous students because they can't figure out complicated and overlapping privacy laws.
Loukidelis said there's a long list of exemptions in B.C.'s privacy laws that allow a student's private information to be shared for the good of public safety.
Tim Rahilly, senior director of student and community life at Simon Fraser University in Vancouver, said he often noticed the beginning of problems with students and wondered whether that information could be shared.
He said the university would ask the student whether it can talk to the student's parents about the concerns.
"The student can say no and if they are above the age of majority we are a little bit hamstrung," Rahilly said.
Loukidelis said if a student denies a request to share personal information with their parents or school officials, an assessment can be made.
Video
Nil Koksal reports for CBC-TV (Runs: 2:28)
Labels: bc, british columbia, health information, privacy, public sector
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